Intellectual Property

Intellectual property protection for AI prompts

As businesses increasingly use artificial intelligence (“AI”) in their internal operations and product offerings, they are relying more on carefully engineered instructions or “prompts” to improve the AI’s performance and output. These…

Swing and a miss for torpedo bat trademark application?

By Tony Poland, LegalMatters Staff • Torpedo bats are a hit in the baseball world, but attempts to register the name as a trademark are likely to strike out, says Toronto intellectual…

Copyright lawsuit could create new licensing option for media industry

By Tony Poland, LegalMatters Staff • A lawsuit claiming copyright infringement against ChatGPT creator OpenAI could provide the media industry with a valuable new revenue stream if successful, says Toronto intellectual property…

Trademark law is not intended to stifle competition

By Tony Poland, LegalMatters Staff • The line between legitimate competition and trademark infringement can be a fine one, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP boutique Shift…

U.S. ruling a step forward in litigating AI copyright disputes

By Tony Poland, LegalMatters Staff • A ruling in a U.S. class action lawsuit has created a “roadmap” that may guide artificial intelligence (AI) copyright infringement cases going forward, says Toronto intellectual…

McDonald’s loses Big Mac TM battle (but probably not the war)

By Tony Poland, LegalMatters Staff • It is not surprising McDonald’s lost exclusive rights to the use of the term “Big Mac” for chicken products in Europe but the loss is unlikely…

Time is not on the side of copyright infringers, SCOTUS rules

By Tony Poland, LegalMatters Staff • A recent Supreme Court of the United States (SCOTUS) ruling that found a copyright infringer was liable for damages accruing more than nearly a decade before…

Trademarks Act not meant to protect Canadian sensibilities

By Tony Poland, LegalMatters Staff • The purpose of a trademark is to identify the source of goods and services while providing legal protection for a brand, not to protect people’s sensibilities,…

U.S. lawmakers tee up copyright protection for golf courses

By Tony Poland, LegalMatters Staff • A push to amend United States law to extend copyright protection to golf courses raises interesting issues about the kinds of works that can be protected…

Remain vigilant over your licensees in trademark agreements

By Tony Poland, LegalMatters Staff • Protecting your trademark rights means not only guarding against infringers but ensuring you have sufficient control over licensees, says Toronto intellectual property lawyer John Simpson. “Businesses often…

‘Trump too small’ slogan is not deserving of trademark protection

By Tony Poland, LegalMatters Staff • Toronto intellectual property lawyer John Simpson says he expects the Supreme Court of the United States (SCOTUS) will back that country’s patent and trademark office decision to deny…

IP rights are at the centre of Starbucks’ dispute with union

By Tony Poland, LegalMatters Staff • Recent lawsuits concerning a pro-Palestine social media post by Starbucks union organizers is an example of how intellectual property law often finds its way into larger…

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