Sep 13, 2023 "Supreme Court Toughens Requirements for an Accused Work to Be Deemed 'Transformative' for Copyright Fair Use Defense Purposes," Georgia Bar Journal By Michael Cicero I am pleased to have published my article in the latest edition of the Georgia Bar Journal, discussing the Supreme Court's copyright fair...
Aug 22, 2023 Jeffrey R. Kuester and Michael A. Cicero Update “Intellectual Property Litigation” Chapter of the 2024 Edition of Georgia Business Litigation By Taylor English Jeffrey R. Kuester and Michael A. Cicero further updated their chapter titled “Intellectual Property Litigation” for the 2024 Edition of...
Aug 08, 2023 Starbucks Trade Secret Case Decision Serves Up Timely Reminder About Statutes of Limitation By Michael Cicero In a July 26 decision, the U.S. District Court for the Western District of Washington dismissed a highly-publicized trade secret...
Aug 03, 2023 Dissenting Federal Circuit Judge Further Exposes Need for Patent Reform Legislation By Michael Cicero Patent eligibility law interpreting Section 101 of the Patent Act has once again come under fire, this time from a dissenting judge of...
Jul 21, 2023 Abitron Austria Takeaways: When Are Acts of Trademark Infringement Beyond the Lanham Act’s Territorial Reach? By Michael Cicero Introduction In Abitron Austria GmbH v. Hetronic Int’l, Inc. (U.S. June 29, 2023), the Supreme Court of the United States unanimously...
Jul 19, 2023 Split of Authority Continues as to Unauthorized Displays of Copyrighted Material by Embedding Technology By Michael Cicero The Ninth Circuit recently issued a decision involving the use of "embedding" technology to display copyrighted material. The Ninth...
Jul 05, 2023 2023 Version of Patent Eligibility Restoration Act Introduced - Part 2: Is There Room for Still Further Improvement? By Michael Cicero In Part 1 of my discussion of the Patent Eligibility Restoration Act (“PERA”) of 2023, I covered the substantive changes that the PERA of...
Jun 26, 2023 2023 Version of Patent Eligibility Restoration Act Introduced - Part 1: What's Different from 2022? By Michael Cicero Introduction On June 22, Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced the Patent Eligibility Restoration Act ("PERA") of...
Jun 09, 2023 Supreme Court: Parody does Not Automatically Negate Federal Trademark Infringement or Dilution Claims By Michael Cicero Introduction Use of parody in evoking another's mark does not automatically justify dismissal of Lanham Act claims alleging trademark...
May 17, 2023 Retired Federal Circuit Judge Predicts "Imminent" Congressional Action to Address Patent Ineligibility Plague By Michael Cicero On May 15, 2023, despite recommendations from the U.S. Solicitor General for the Supreme Court to grant petitions to review two cases...
Mar 23, 2023 "Shark Tank" Winner Loses Bid to Dismiss False Advertising and Other Claims Asserted by Social Media Influencer By Michael Cicero Introduction On March 1, 2023, the United States District Court for the Northern District of Georgia entered an order denying the motion...
Mar 17, 2023 U.S. Copyright Office Imposes Duty to Disclose AI-Generated Content and Recommends Actions to Fulfill that Duty By Michael Cicero On March 16, 2023, the United States Copyright Office (USCO) published new guidelines in the Federal Register titled "Copyright...