Trademark Prosecution

Artificial Intelligence (AI) constantly consumes data to improve its capabilities. When that data includes someone else's copyrighted material, does using it constitute copyright infringement? One court just said it can be. Let’s look at what the ruling means and how it may impact businesses and creators.

Marvin Harrison Jr. was drafted in the first round of the 2024 NFL Draft by the Arizona Cardinals. But no official NFL or NFL store has his jerseys for sale. The reason is a lawsuit filed by merch company Fanatics. The dispute stems from a name, image, and likeness (NIL) deal Harrison Jr. signed while at Ohio State.

Major League Baseball Players, Inc. (MLBPI) — the licensing arm of the MLB Players Union — recently took a swing at DraftKings and bet365 by filing a lawsuit. They charged that the sports betting sites knowingly and deliberately violated hundreds of MLB players' rights to publicity by using their names, images, and likenesses without consent.