How The Fashion 'Dupe' Economy Is Redefining IP Strategies

Fashion brands' recent experiments with unconventional trademark strategies highlight the growing impact that "dupe" versions of luxury items are having on the fashion market, as well as growing pressure points in trademark and trade dress law, say attorneys at Marshall Gerstein.

Series

Trivia Competition Makes Me A Better Lawyer

Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.

An Instructive Reminder On Appealing ITC Determinations

A recent Federal Circuit decision, partially dismissing Crocs' appeal of a U.S. International Trade Commission verdict as untimely, offers a powerful reminder that the ITC is a creature of statute and that practitioners would do well to interpret those statutes conservatively, says Derrick Carman at Robins Kaplan.

Clarifying A Persistent Misconception About Settlement Talks

An Indiana federal court’s recent Cloudbusters v. Tinsley ruling underscores the often-misunderstood principle that Rule 408 of the Federal Rules of Evidence does not bar parties from referencing prior settlement communications in their pleadings — a critical distinction when such demands further a fraudulent or bad faith scheme, say attorneys at Hanson Bridgett.

Opinion

Federal Preemption In AI And Robotics Is Essential

Federal preemption offers a unified front at a decisive moment that is essential for safeguarding America's economic edge in artificial intelligence and robotics against global rivals, harnessing trillions of dollars in potential, securing high-skilled jobs through human augmentation, and defending technological sovereignty, says Steven Weisburd at Shook Hardy.

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Law School's Missed Lessons: What Cross-Selling Truly Takes

Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.

What 'Precedential' Decisions Reveal About USPTO's Direction

Significant procedural changes at the U.S. Patent and Trademark Office last year have reshaped patent litigation and business strategies and created uncertainty around the USPTO's governing rules, but an accounting of the decisions the office designated as precedential and informative sheds light on the agency's new approach, say attorneys at Sterne Kessler.

Tick, Tock: Maximizing The Clock, Regardless Of Trial Length

Whether a judge grants more or less time for trial than an attorney hoped for, understanding how to strategically leverage the advantages and attenuate the disadvantages of each scenario can pay dividends in juror attentiveness and judicial respect, says Clint Townson at Townson Litigation.

Drafting Tech Patents After USPTO's Eligibility Memos

Two recent U.S. Patent and Trademark Office memos on subject matter eligibility declarations provide an evidentiary playbook for artificial intelligence and software patent applications, highlighting how targeted, stand‑alone SMEDs that present objective, claim‑anchored facts can improve patent application outcomes, say attorneys at Reed Smith.

Series

Judges On AI: Practical Use Cases In Chambers

U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.

USPTO Initiatives May Bolster SEP Litigation In The US

The U.S. Patent and Trademark Office's recent efforts to revitalize standard-essential patent litigation face hurdles in their reliance on courts and other agencies, but may help the U.S. regain its central role in global SEP litigation if successful, say attorneys at Axinn.

Series

Trail Running Makes Me A Better Lawyer

Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

Trade Secret Steps To Take As Exposure Risk Increases

Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.

Open Questions After Defense Contractor Executive Order

The scope and long-term effects of President Donald Trump’s executive order on the U.S. defense industrial base are uncertain, but the immediate impact is significant as it appears to direct the U.S. Department of Defense to take a more active role in contractor affairs, say attorneys at Morgan Lewis.

What Artists Can Learn From Latest AI Music Licensing Deals

Recent partnerships between music labels and artificial intelligence companies raise a number of key questions for artists, rightsholders and other industry players about IP, revenue-sharing, and rights and obligations, say attorneys at Manatt.