Intellectual Property Law and Copyright Laws

When a domain registrant incorporates a world-famous trademark into their web address, claiming to describe a legitimate service may not provide legal protection. A Ninth Circuit ruling in Smith v. Airbnb demonstrates how courts evaluate cybersquatting claims under the ACPA, examining the boundaries of nominative fair use and the limits of safe harbor defenses when famous brands are embedded in domain names.

Courts have escalated from warnings to enforcement on AI hallucinations in legal filings, with seven sanctions issued in the first six days of August 2026 alone. IP litigators face heightened exposure due to citation-heavy briefs, complex multi-factor tests, and cross-jurisdictional AI disclosure requirements that now include bar referrals for unverified AI-generated content.

Navigating the federal trademark registration process requires understanding key steps from initial filing through long-term maintenance. This comprehensive guide walks through USPTO requirements, potential obstacles like office actions and opposition proceedings, and the ongoing obligations trademark owners must fulfill to maintain their registrations.

This comprehensive AI Reporter from Benesch's AI Commission examines the rapidly evolving landscape of artificial intelligence litigation, regulation, and business deployment. From intellectual property disputes involving major studios and AI music generators to state-level regulatory frameworks addressing data centers, employment practices, and consumer protection, the newsletter explores how courts, legislators, and policymakers are responding to AI's transformative impact.

Web3 does not make intellectual property law obsolete, but it changes how stakeholders create, license, distribute, and enforce IP rights across digital ecosystems. Organizations operating in this space must understand that owning a token does not include ownership of the underlying copyright or trademark rights.

As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue and family conflict.

Companies can strengthen their patent portfolios by anticipating potential disputes long before litigation arises. Marshall Gerstein partner Ryan Schermerhorn explains how patent prosecution, portfolio monitoring, and enforcement should function as interconnected parts of a unified strategy rather than isolated stages of the patent lifecycle.

Navigating the federal trademark registration process requires understanding key steps from initial filing through long-term maintenance. This comprehensive guide walks through USPTO requirements, potential obstacles like office actions and opposition proceedings, and the ongoing obligations trademark owners must fulfill to maintain their registrations.

Navigating the complex legal landscape of licensed video games requires careful attention to intellectual property rights, approval processes, and revenue structures. From understanding what's actually included in a license to planning for the end of a licensing term, game developers face unique challenges when adapting existing franchises that don't exist with original IP.

A Virginia federal court ruled that a company can still pursue trade secret claims even when a former employee never signed a nondisclosure agreement. The decision examines whether technical safeguards, access controls, and company policies can substitute for missing contractual protections in trade secret litigation.

Courts have escalated from warnings to enforcement on AI hallucinations in legal filings, with seven sanctions issued in the first six days of August 2026 alone. IP litigators face heightened exposure due to citation-heavy briefs, complex multi-factor tests, and cross-jurisdictional AI disclosure requirements that now include bar referrals for unverified AI-generated content.

Courts closely scrutinize covenants not to compete, examining factors like time restrictions, geographic scope, and whether employers have a legitimate protectable interest. Understanding what constitutes unfair competition versus ordinary competition is crucial for enforceability, as employers cannot simply prevent former employees from using general industry knowledge and skills.