TAKING A PIECE OF HISTORY: COPYRIGHT HISTORY OF THE ZAPRUDER AND NIX KENNEDY ASSASSINATION FILMS Orville Nix, Sr. and Abraham Zapruder likely never crossed paths with each other in Dallas, Texas prior to November 22, 1963.  Zapruder was a clothing manufacturer with…

DUPES: LULULEMON V. COSTCO We’re all familiar with “knock-off” products intended to resemble luxury or high-end goods but sold at a fraction of the cost—often referred to as “dupes” (short for duplicates). While historically the term “dupe” referenced only legal products inspired…

THE TRUMP ADMINISTRATION PATENT OFFICE — NOT BUSINESS AS USUAL Companies sued for patent infringement have several tools to combat the infringement claims brought against them, including options for challenging patents in the U.S. Patent & Trademark Office (“PTO”). Companies regularly finding…

THE FEDERAL TRADEMARK REGISTRATION PROCESS IS MORE COMPLICATED THAN EVER. HERE’S HOW TO MAXIMIZE YOUR CHANCE OF SUCCESS  If it seems to you that the process of obtaining federal trademark registration has become more complicated and time-consuming in recent years, you are…

RISKS OF RELYING ON EMPLOYEE STATUS FOR COPYRIGHT OWNERSHIP In the last installment, we discussed the potential pitfalls of relying on the employer/employee relationship to secure the copyright to your company’s creative works. Our primary concern was the fact that, while the…

THE COMPARATIVE NEGLIGENCE TRAP IN INDEMNITY CLAUSES IN TEXAS Texas, like a number of other states, strictly interprets indemnity clauses.  Moreover, it has adopted a strict interpretation of a rule called the Express Negligence Doctrine.  The express negligence doctrine, adopted by the…

SANCTIONS FOR MISUSE OF AI IN COURT SUBMISSIONS INCREASING SHARPLY: ANOTHER CAUTIONARY TALE While we have previously reported an increase in fines associated with the misuse of generative artificial intelligence in court submissions, new sanctions handed down in recent months are significantly…

ARE AI PROMPTS ONE OF A BUSINESS’S MOST VALUABLE FORMS OF IP? Daily we read stories of how Artificial intelligence (AI) has evolved from a futuristic concept into an everyday business tool. While much attention focuses on the AI models themselves, the…