Intellectual Property

Women in IP – Supreme Court Denies Review of Thaler v. Perlmutter: AI Authorship Questions Remain

In early March, the U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, continuing the standard that only works created by a human can receive U.S. copyright protection. This raises complex questions as businesses continue to aggressively introduce AI to their processes.

Partners Meredith Wilkes and Emily Tait talk about what you should know in the current AI landscape, AI risk mitigation, and 10 years of “Women in IP” at Jones Day.

Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can federal or state legislation address the “deepfake” problem? And what makes adjusting to AI adoption so challenging?

Listen to partners Meredith Wilkes and Emily Tait talk about the current legal landscape and the practical implications companies face when bringing AI to the workplace.

A federal district court held in Thaler v. Perlmutter that an AI-generated image, “A Recent Entrance to Paradise,” cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners Emily Tait and Carl Kukkonen talk about the implications of the decision, the questions that remain, third-party complications, and what GenAI users need to know.

Read the full transcript here.

The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in “channels customary to the field of sports and collegiate athletics”.

Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action holds for companies and institutions seeking brand protection.

Meredith also talks about Jones Day’s Women in IP initiative and the group’s plans for the second half of 2022.

Read the full transcript on the Jones Day website.

Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year.

For information on the Firm’s Women in IP Initiative and their coming events, email [email protected].

Read the full transcript on the Jones Day website.

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional.

Jones Day’s Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could affect the way the PTAB operates, and the implications for parties with matters pending.

Read the full transcript on the Jones Day website.

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act’s implementation, and talk about recent cases relating to trademark dilution, internet domain names, and willful infringement. They also examine the significant changes that are part of the Trademark Modernization Act of 2020.

Read the full transcript on the Jones Day website.

Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu’s impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during COVID-19, and explain the factors the PTAB considers when exercising its discretion to deny an inter partes review, including parallel district court litigation involving the legitimacy of the same patent.

Read the full transcript on the Jones Day website.

Jones Day’s Meredith Wilkes and Anna Raimer discuss 2020’s most significant developments in trademark law and preview what’s to come in 2021, including possible progress in Washington on the highly anticipated Trademark Modernization Act.

Read the full transcript on the Jones day website.

A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the “Tiffany” name. Jones Day partners Meredith Wilkes and Jessica Bradley explain why the decision is illustrative of the treatment of evidence at the summary judgment stage, while also providing clarification on differences between trademark infringement and counterfeiting.

Read the full transcript on the Jones Day website.