Paul Bain's Book, Art Law: Cases And Controversies, 2nd Edition, Was Published By LexisNexis

As artificial intelligence reshapes corporate marketing, .ai domain names have become prime digital real estate worth millions. A recent WIPO ruling in a high-profile dispute between a combat sports brand and a domain investor reveals critical lessons about trademark rights, bad faith claims, and the limits of domain seizure policies in the booming AI domain market.

The Trademark Trial and Appeal Board recently affirmed that a specific shade of bright green (Pantone 2297C) cannot be registered as a trademark for construction tripod legs due to functionality concerns. The decision highlights the complex interplay between color marks, safety features, and competitive disadvantage in trademark law, examining how high-visibility colors serve essential purposes beyond source identification.

As entertainment lawyers, we are often asked a deceptively simple question by creatives, producers, and studios: “Can we use this trademark in our project?”

M&A activity in AI is increasingly defined by speed, asymmetry of information and the quality of intangible assets. Financial performance still matters, but I’ve noticed it is no longer sufficient on its own. Buyers are underwriting something less visible and in many cases more determinative of long-term value: the defensibility of the underlying technology.

The Defend Trade Secrets Act marked its 10th anniversary in 2026, promising a unified national standard for trade secret protection. Has federal litigation delivered on this promise, or do state laws and circuit splits continue to fragment the landscape? This analysis examines key trends, unresolved legal questions, and emerging challenges posed by artificial intelligence in trade secret enforcement.

As renewable energy companies race to innovate and scale, many are overlooking a critical vulnerability: inadequate intellectual property protection. Two experienced attorneys reveal the strategic steps technology-focused clean energy firms must take throughout product development to safeguard their competitive position, secure financing, and maximize value in future transactions.

As generative AI patent filings surge globally, companies developing autonomous systems, robotics, and physical AI face new strategic challenges from incumbent patent holders and international filers. Understanding which innovations to patent versus protect as trade secrets has become critical for navigating this rapidly evolving landscape.

Patent prosecutors often overlook manufacturing method claims due to enforcement challenges, but these patents can provide strategic advantages under 35 U.S.C. § 271(g). A growing split among district courts regarding downstream liability for sellers and users of products made by patented processes creates both uncertainty and opportunity for patent owners seeking to expand protection beyond traditional composition claims.

The doctrine of obviousness-type double patenting (“OTDP”) is one of the most complicated aspects of U.S. patent law, but the U.S. Court of Appeals for the Federal Circuit soon will have an opportunity to limit when OTDP can arise.

In a recent PTAB decision, Director Squires addressed whether Microsoft's IPR petition should proceed despite Sandpiper CDN's discretionary denial request. The ruling hinged on two critical factors: the novelty of Microsoft's art citations and Sandpiper CDN's failure to disclose its own commonly assigned prior art during patent prosecution. This case provides important guidance on how patent owners' prosecution conduct can impact discretionary denial outcomes at the Patent Trial and Appeal Board.

Healthcare providers face inevitable overpayments from CMS, but the consequences of mishandling them can be severe. The Centers for Medicare & Medicaid Services recently updated its 60-Day Rule, fundamentally changing how providers must identify and return overpayments to avoid False Claims Act liability and substantial penalties.

The FDA's rescheduling of marijuana from Schedule I to Schedule III signals accepted medical use and lower abuse potential, creating new opportunities for business consolidation. As pharmaceutical and agricultural firms eye the cannabis industry, companies must strategically position themselves as either consolidators or attractive acquisition targets in this evolving landscape.

Artificial intelligence has revolutionized innovation at unprecedented speed, but its rapid advancement raises critical questions about intellectual property rights. Is AI a transformative tool that lawfully builds on existing knowledge, or does it systematically infringe on the creative works and patents of inventors and artists? The answer depends on which side of this intensifying legal debate you occupy.

LOI drift occurs when terms agreed to in a letter of intent fail to appear in the definitive agreement, creating costly gaps between the deal parties thought they closed and the contract that actually governs their relationship. A recent North Carolina case demonstrates how healthcare organizations can lose critical business understandings—from co-branding commitments to governance rights—when LOI terms aren't carefully tracked and incorporated into final agreements.

The Michigan Court of Appeals recently clarified an important distinction in legal precedent: published decisions issued before November 1, 1990, while not mandatory under MCR 7.215(J)(1), remain binding precedential authority under stare decisis principles. This guidance addresses a common misconception among practitioners who may undervalue older published opinions compared to newer unpublished ones, when in fact the opposite is true under Michigan court rules.

The Canadian Securities Administrators have introduced a new electronic access framework for continuous disclosure documents, allowing reporting issuers to satisfy delivery obligations through SEDAR+ rather than traditional mailing methods. This voluntary regime, effective September 22, 2026, requires issuers to meet specific filing...

When investors poured millions into an aircraft venture only to discover their brokers had diverted funds and concealed critical information, the path to recovery proved far more complex than simply proving fraud. This case reveals how commercial fraud often emerges not from elaborate schemes but from legitimate ventures under pressure, and why identifying all parties with potential liability—including seemingly innocent intermediaries—can mean the difference between a worthless judgment and act

The U.S. Patent and Trademark Office has undergone significant reforms that fundamentally alter how patent challenges are reviewed and decided. With Director John Squires reclaiming direct authority over inter partes review proceedings and new proposed rules limiting repeat challenges, the patent system is shifting toward greater stability and predictability for inventors and patent owners.

State regulators are intensifying scrutiny of digital goods marketing practices, particularly whether consumers understand the difference between purchasing ownership rights versus acquiring limited licenses. As major game publishers shift away from physical media toward digital-only distribution, lawmakers in California, Maryland, New York, and other states are proposing legislation requiring clearer disclosures about what consumers actually receive when they click "buy."

Discover how artificial intelligence is transforming tax law and intellectual property, while examining critical issues of tax rates and wealth inequality in modern America. Professor Jeremy Bearer-Friend from George Washington University Law School shares expert insights on these evolving challenges in the tax landscape.