Trademark Cases
Dewberry Group v. Dewberry Engineers Inc. (U.S. Supreme Court): The Supreme Court clarified that a plaintiff may only recover profits under the Lanham Act if they are specifically named as parties, underscoring the importance of proper party naming in trademark disputes.
Yuga Labs v. Ryder Ripps and Jeremy Cahen (Ninth Circuit): The Ninth Circuit confirmed that NFTs can be trademarked while emphasizing the balance courts must strike between modern IP enforcement and free speech concerns.
Reed v. Marshall et al. (Fifth Circuit): The court ruled that co-owners of a federally registered trademark cannot sue each other under the Lanham Act, highlighting the importance of formal agreements when multiple parties share a trademark.
Copyright Cases
Bartz v. Anthropic PBC (Northern District of California): The court ruled that using books to train AI models was fair use but pirated copies retained for potential future use were not protected, reinforcing careful consideration of copyright law in AI development.
Dewberry Group, Inc., FKA Dewberry Capital Corp v. Dewberry Engineers Inc. (U.S. Supreme Court): The Supreme Court clarified that only the profits of the named defendant can be recovered under the Lanham Act, not those of affiliate companies, emphasizing proper party naming in trademark disputes.
Patent and Technology Cases
Bartz v. Anthropic PBC (Northern District of California): The court's landmark decision on fair use as applied to AI training datasets confirmed that using books for training large language models is transformative, balancing modern IP enforcement with technological innovation.
Reed v. Marshall et al. (Fifth Circuit): The court's affirmation of summary judgment against Di Reed in her trademark dispute highlights the limitations of the Lanham Act when applied to internal disputes among co-owners.
General Insights
Proactive Management: Companies should reassess their IP portfolios and enforcement policies, considering these developments. Staying informed and agile is crucial for navigating an economy increasingly driven by intangible assets.
Legal Imperative: Practitioners must remain proactive and well-informed to leverage intellectual property effectively. Understanding the nuances of emerging technologies, such as AI and NFTs, is essential for strategic decision-making.
Agility in Strategy: As we move into 2026, companies should adopt a strategy that balances IP enforcement with innovation, ensuring they remain competitive in a rapidly changing market.
Conclusion
While the legal landscape presents challenges, it also offers opportunities for innovation and growth. By staying informed and proactive, businesses can navigate these changes successfully, ensuring their intangible assets are protected and utilized effectively.
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