Jessica is a Trademark and Copyright attorney and founder of the IP law firm, Neer McD PLLC. Based out of Miami, serving worldwide.
Court Finds Autonomously Generated Artwork Is Not Eligible for Copyright
The court sides with the U.S. Copyright Office that human authorship is an essential part of a valid copyright claim in today’s Thaler v. Perlmutter summary judgment order. At issue on the motions for summary judgment filed by each party was whether work autonomously generated entirely by an artificial intelligence system should be eligible for copyright. Plaintiff Stephen Thaler owns the Creativity Machine, a system created by Thaler that generated a piece of visual art on its own accord cal...
Court Finds Autonomously Generated Artwork Is Not Eligible for Copyright
The court sides with the U.S. Copyright Office that human authorship is an essential part of a valid copyright claim in today’s Thaler v. Perlmutter summary judgment order. At issue on the motions for summary judgment filed by each party was whether work autonomously generated entirely by an artificial intelligence system should be eligible for copyright. Plaintiff Stephen Thaler owns the Creativity Machine, a system created by Thaler that generated a piece of visual art on its own accord cal...
Exploring "GPT" as a Trademark
Does OpenAI own a trademark for "GPT"? Brief review of U.S. trademark filings to explore this further. It is no secret that there has been an explosive amount of activity in the artificial intelligence (AI) ecosystem. This includes many companies affixing the term "GPT" to AI- (and non-AI) related activities. https://twitter.com/NeerMcD/status/1620010211879845889?s=20 TIME magazine released "The A to Z of Artificial Intelligence" on April 13, 2023 and called the term "GPT" as "perhaps now the...
Exploring "GPT" as a Trademark
Does OpenAI own a trademark for "GPT"? Brief review of U.S. trademark filings to explore this further. It is no secret that there has been an explosive amount of activity in the artificial intelligence (AI) ecosystem. This includes many companies affixing the term "GPT" to AI- (and non-AI) related activities. https://twitter.com/NeerMcD/status/1620010211879845889?s=20 TIME magazine released "The A to Z of Artificial Intelligence" on April 13, 2023 and called the term "GPT" as "perhaps now the...
Yuga Labs Wins Key Victory in NFT Trademark Lawsuit
After ten months into the contentious lawsuit involving well-known NFT creator Yuga Labs, Inc. (“Yuga”) and visual artist/creative designer, Ryder Ripps, Yuga prevails on summary judgment for false designation of origin and cybersquatting claims concerning their Bored Ape Yacht Club (BAYC) NFT collection. More specifically, the Court finds Yuga is entitled to monetary damages and injunctive relief. The damages amount and exceptional case determination for the possibility of enhanced damages a...
Yuga Labs Wins Key Victory in NFT Trademark Lawsuit
After ten months into the contentious lawsuit involving well-known NFT creator Yuga Labs, Inc. (“Yuga”) and visual artist/creative designer, Ryder Ripps, Yuga prevails on summary judgment for false designation of origin and cybersquatting claims concerning their Bored Ape Yacht Club (BAYC) NFT collection. More specifically, the Court finds Yuga is entitled to monetary damages and injunctive relief. The damages amount and exceptional case determination for the possibility of enhanced damages a...
Blockish IP: The Top IP Events That Affected Emerging Technologies in 2022
“Non-fungible tokens (NFTs),” “blockchain,” “metaverse,” “web3,” and “artificial intelligence (AI)” are buzzwords that solicited significant discussion and development in the area of intellectual property (IP) law in 2022. This overview covers five key topics in IP law that affected the growth and mainstream adoption of these emerging technologies last year. Topics covered include: (1) UPSTO Trademark Activity and Filing Guidance (2) NFTs and Trademark Infringement Lawsuits (3) Physical Dolls...
Blockish IP: The Top IP Events That Affected Emerging Technologies in 2022
“Non-fungible tokens (NFTs),” “blockchain,” “metaverse,” “web3,” and “artificial intelligence (AI)” are buzzwords that solicited significant discussion and development in the area of intellectual property (IP) law in 2022. This overview covers five key topics in IP law that affected the growth and mainstream adoption of these emerging technologies last year. Topics covered include: (1) UPSTO Trademark Activity and Filing Guidance (2) NFTs and Trademark Infringement Lawsuits (3) Physical Dolls...
Hard Forks & NFT IP
Happy Merge Day, Ethereum! With talks of a “hard fork” coming as a result of the Merge, this article gives a brief background on hard forks and its relation to intellectual property (IP) licensing via non-fungible tokens (NFTs). IP licensing rights can be clarified by NFT projects and marketplaces with regard to forks, which is relevant regardless of the blockchain. The Merge refers to the joining of the existing layer of Ethereum (Mainnet) with the new consensus layer (Beacon Chain). This is...
Hard Forks & NFT IP
Happy Merge Day, Ethereum! With talks of a “hard fork” coming as a result of the Merge, this article gives a brief background on hard forks and its relation to intellectual property (IP) licensing via non-fungible tokens (NFTs). IP licensing rights can be clarified by NFT projects and marketplaces with regard to forks, which is relevant regardless of the blockchain. The Merge refers to the joining of the existing layer of Ethereum (Mainnet) with the new consensus layer (Beacon Chain). This is...
