On rehearing, the Tenth Circuit found that Netflix’s use of funeral footage in the Tiger King documentary series was fair use, clarifying that where the purposes are materially different, the secondary work need not “target” the source work to be transformative. See: https://t.co/u0zo7xt9NY.
The Second Circuit held that uploading a video to YouTube and agreeing to its terms of service grants an implied license for other users to frame it in their websites. However, copying a screenshot and reposting was neither licensed nor a de minimis claim. Richardson v. Townsquare Media, Inc. https://t.co/ADGjJbptOF
Dua Lipa sues Samsung alleging trademark and copyright infringement as well as violation of right of publicity over use of her photo on TV boxes: https://t.co/Wy9KLRoRn0
TTAB cancels registration in its first review of a reexamination decision, finding that the registrant’s attempt to reserve rights via a single, non-prominent use was a mere “token” use. See https://t.co/1IMsrZmlP5 (precedential).
New Balance overcomes refusal of its trade dress application for the design of its 574 sneaker arguing that the design has acquired distinctiveness after decades of sales, marketing, and intentional copying of the design. https://t.co/Q7CSsmsxP7
Federal Circuit affirms decision of the TTAB dismissing an opposition finding that a single factor of the likelihood of confusion test can be dispositive. See Fuente Mktg. Ltd., v. Vaporous Techs., LLC: https://t.co/T6UcZIViGg
Taylor Swift filed two “Sensory Mark” trademark applications to protect “HEY, IT'S TAYLOR SWIFT” and “HEY, IT'S TAYLOR” to aid in enforcement against deep fakes. https://t.co/jgf7a4jWRA
California jury awards Nike $11M, including punitive damages, against a social media influencer for counterfeit Dunks. See verdict form: https://t.co/SbV9oeAmlT
No Home Court Advantage: E.D. Va. dismissed The College of William & Mary's trademark infringement complaint against Arizona-based educational non-profit WM Symposia based on lack of personal jurisdiction: https://t.co/DE20NrIqk9
In Disney v. Minimax, a copyright case involving AI video generation, defendant Nanoble moved to dismiss, invoking the Supreme Court’s recent ruling in Cox v. Sony on the intent requirement for contributory infringement. https://t.co/bYmQZn8qIR
On March 13, 2026, the Trump administration issued an executive order, "Ensuring Truthful Advertising of Products Claiming to be Made in America," directing the FTC to crack down on false "Made in USA" claims, particularly in digital marketplaces https://t.co/op0zGTCizz
Hungry? TTAB refuses registration to 8-slice pancake product configuration mark on basis that the mark is a functional design for pancakes. https://t.co/RRY0hR9mZK
The Southern District of Indiana denied the NCAA’s motion for a TRO against DraftKings’ use of MARCH MADNESS, FINAL FOUR, SWEET SIXTEEN and other marks because the NCAA delayed bringing suit, which rebutted the presumption of irreparable harm. https://t.co/x2RD449Qvm
In a unanimous decision lauded by AI and other service providers, the U.S. Supreme Court holds that contributory copyright infringement requires a showing of (1) inducement (active encouragement) or (2) no non-infringing uses of the service. Cox Comm. v. Sony. https://t.co/oTqN65Gvye
Communicating with public AI tools can waive privilege: The S.D.N.Y. found that a defendant could not maintain privilege over his inputs or outputs from Claude concerning his counsel’s legal strategies: https://t.co/zoph4jrMek
Guaranteed federal jurisdiction for trademark infringement suits? Federal court rules that Valvoline’s trademark infringement and breach of contract lawsuit against former global products business doesn’t belong in federal court as claims arose from coexistence agreement. https://t.co/Hxgxdgbq0m
TTAB holds no likelihood of confusion between marks DURJECT for medical equipment for use in eye surgery with DURO-JECT for a high pressure bone cement injector finding that the goods are sold to distinct medical purchasers even if sold to the same hospitals. https://t.co/AbhaTr5yRh
TTAB rules that CHATGPT is descriptive of “chatbot software,” as users know that GPT stands for "generative pre-trained transformer." The Board will allow the application to proceed based on acquired distinctiveness, however, so watch for oppositions! https://t.co/aYlqrJzp0Q
The Southern District of NY denied 1587 Sneakers’s Motion for TRO against Patrick Mahomes, Travis Kelce, and their steakhouse, 1587 Prime KC, holding a 7-month delay in filing a trademark infringement lawsuit neutralizes any presumption of irreparable harm pending trial. https://t.co/UOT5EYOVDH
The U.S. Supreme Court denied certiorari in Thaler v. Perlmutter confirming the U.S. Copyright Office’s position that human authorship is required for copyright protection, and that artificial intelligence (AI) cannot be an author under U.S. copyright law. https://t.co/mLRg10VuEe