North America: Intellectual Property

In our last post, we covered why building a trade secret management program matters more than blanket confidentiality designations. This post is about what a trade secret program makes possible when someone walks out the door, and why companies without one may be left with employment agreements that cannot do that job alone.

After 12 years of litigation, the Ninth Circuit has finally ruled in the epic trademark dispute between Jack Daniel's and VIP Products over the "Bad Spaniels" dog toy parody. The court's decision establishes crucial new standards for proving dilution by tarnishment, requiring brand owners to demonstrate mark-specific fame and actual reputational harm rather than relying on offensive associations alone.

As organizations accelerate their adoption of generative AI, attention is increasingly shifting from the technology itself to the contractual frameworks that govern its use. What may appear to be standard licensing language can have significant implications for how businesses leverage AI tools, incorporate AI-generated content into their operations, and pursue future innovation strategies. This article examines one of the more consequential and evolving aspects of generative AI contracting, highlighting are