The Competition and Markets Authority (CMA), the UK’s competition regulator, announced this month that it plans on publishing an update in March 2024 to its initial report on AI foundation models (published in September 2023). The update will be the result of the CMA launching a “significant programme of engagement”…
Internet & Social Media Law Blog
OpenAI Joins Other Generative AI Companies in Offering Indemnity for Users Against (Some) Third-Party Infringement Claims
For users of generative AI programs, a growing concern has been with potential liability resulting from infringement claims by copyright owners whose materials were used to train the AI. At its annual DevDay conference in early November, OpenAI became the latest major company to address this by offering to indemnify…
Key Takeaways from the UK’s AI Summit: The Bletchley Declaration
The United Kingdom hosted an Artificial Intelligence (AI) Safety Summit on November 1 – 2 at Bletchley Park with the purpose of bringing together those leading the AI charge, including international governments, AI companies, civil society groups and research experts to consider the risks of AI and to discuss AI…
Supreme Court Weighs Whether Refusing to Register TRUMP TOO SMALL Trademark Violates First Amendment
On November 1, 2023, the U.S. Supreme Court engaged in a thought-provoking deliberation concerning the intersection of the First Amendment to the U.S. Constitution and U.S. trademark law, Vidal v. Elster, Supr. Ct. Case No. 22-704. The case considers whether the refusal of the U.S. Patent and Trademark Office (USPTO)…
Federal Circuit Limits Fraud-on-the-PTO Claims, but Leaves Chutter Recklessness Standard Intact
On October 18, 2023, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a U.S. Trademark Trial and Appeal Board (TTAB) decision in Great Concepts, LLC v. Chutter, Inc., in which the Board canceled Great Concepts’ trademark registration based on a fraudulent Section 15 declaration of incontestability.…
New Lawsuit Challenges AI Scraping of Song Lyrics
In a move that underscores the escalating tension between the music industry and artificial intelligence (AI), many of the world’s largest music publishers have filed a joint lawsuit against AI startup Anthropic over song lyrics. The suit alleges that Anthropic’s chatbot, Claude, scrapes lyrics from the publishers’ catalogs without permission…
Privacy Advocates Raise Concerns with New Mobile Driver’s Licenses
In 2021, the Department of Homeland Security started a process of adopting regulations for mobile driver’s licenses. The Transportation Security Administration (TSA) has since begun allowing mobile driver’s licenses as identification at airports, and several states jumped on the bandwagon, offering mobile driver’s licenses through state-sponsored apps or via Apple…
5 Important Takeaways from the 2023 #shifthappens Conference
In speaking at this past week’s #shifthappens Conference, I had the pleasure of discussing both the potential and pitfalls posed by generative AI with fellow panelists David Pryor Jr., Alex Tuzhilin, Julia Glidden and Gerry Petrella. Our wide-ranging discussion covered how regulators can address the privacy, security and transparency concerns…
“Copyright Implications of Generative AI” and the 2023 AIPLA Annual Meeting
On October 20, at 9:15 a.m., colleague and frequent contributor Sam Eichner will present on “Copyright Implications of Generative AI” during the Copyright and Trademark track at the 2023 AIPLA Annual Meeting. The event will host over 1,000 IP practitioners and leaders and cover a wide range of IP-related topics,…
The New UK-U.S. Data Bridge
The UK and U.S. Governments have now formalized the UK-U.S. Data Bridge. The U.S. Attorney General designated the UK as a “qualifying state” for the purposes of the Executive Order 14086 on September 18, 2023, and the UK regulations implementing the Data Bridge are scheduled to take effect on October…