The Third Circuit has now shown its work. On October 1, 2026, Above the Fold reported that the court affirmed the judgment for Thomson Reuters in its suit against Ross
Continue Reading Easy Isn’t Fair: The Third Circuit Explains Why Copying Westlaw Headnotes to Train AI Failed the Fair Use TestThe Third Circuit Just Handed Copyright Owners Their First Appellate Win in the AI Training Wars — And the Implications Reach Far Beyond Legal Research
The first U.S. appellate court to weigh in on whether AI training on copyrighted material qualifies as fair use has sided with the copyright holder. On September 29, 2026, the
Continue Reading The Third Circuit Just Handed Copyright Owners Their First Appellate Win in the AI Training Wars — And the Implications Reach Far Beyond Legal ResearchSame Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim Preclusion
The Trademark Trial and Appeal Board just reminded brand owners of a hard truth: you cannot relitigate a losing trademark opposition simply by adding generic words to your mark and
Continue Reading Same Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim PreclusionNinth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to Know
On August 4, 2026, in VIP Products, LLC v. Jack Daniel’s Properties, Inc., the Ninth Circuit vacated a permanent injunction barring VIP Products from selling its “Bad Spaniels” squeaky
Continue Reading Ninth Circuit Rules That a Parodic Dog Toy Does Not Dilute the Jack Daniel’s Brand: What Trademark Owners and Parodists Need to Know
Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
On June 29, the Supreme Court agreed to review the question of whether judges or juries should decide a trademark’s inherent strength when assessing whether consumers are likely to be
Continue Reading Supreme Court Agrees to Take Up Trademark Strength Issue in Rise Brewing Trademark Case Against PepsiCo Over “Mtn Dew Rise”
TCPA Class Certification Requires more than a Silent Defendant
When a defendant defaults, fails to respond to a motion for class certification, and produces no evidence of consent, one might assume that class certification is a formality. A recent
Continue Reading TCPA Class Certification Requires more than a Silent Defendant
Safe Harbor Saves the Day: Court Grants Summary Judgment to Home Warranty Company Despite Unresolved Consent Dispute in TCPA Text Message Case
In Van Elzen v. American Home Shield Corp., No. 24-C-1206, 2026 WL 1078771 (E.D. Wis. Apr. 21, 2026), the United States District Court for the Eastern District of Wisconsin
Continue Reading Safe Harbor Saves the Day: Court Grants Summary Judgment to Home Warranty Company Despite Unresolved Consent Dispute in TCPA Text Message CaseCourt Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class Action
Recruiters who contact candidates by text message should take note of a recent decision out of the Western District of Virginia. In Kattato v. Cross Country Healthcare, Inc., No.
Continue Reading Court Orders Healthcare Recruiter To Turn Over Text Message Data In TCPA Class ActionA Decade of Litigation: Key Takeaways from the Johnson v. Comodo Group TCPA Settlement
The recent final approval of a class action settlement in Johnson v. Comodo Group, Inc. demonstrates the substantial risks companies face when facing allegations of engaging in automated telemarketing without
Continue Reading A Decade of Litigation: Key Takeaways from the Johnson v. Comodo Group TCPA SettlementFTC Sues JustAnswer for Deceptive Subscription Practices
Recently, the Federal Trade Commission (“FTC”) filed a Complaint against JustAnswer LLC and its CEO, alleging the company misled consumers into enrolling in monthly recurring subscriptions without obtaining consumers’ affirmative
Continue Reading FTC Sues JustAnswer for Deceptive Subscription Practices