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2 weeks ago | 
jdsupra.com | Edward Lanquist |Nicole Berkowitz Riccio
The Federal Circuit's recent en banc decision in EcoFactor, Inc. v. Google LLC has already been touted as a landmark decision on expert damages testimony in patent cases. In EcoFactor, the Federal Circuit weighed in on the gatekeeping function of trial courts and found that the district court abused its discretion in failing to exclude the unreliable testimony of EcoFactor's damages expert.
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Mar 3, 2025 | 
jdsupra.com | Adam Baldridge |Edward Lanquist
The Supreme Court recently issued its opinion in Dewberry Group, Inc., FKA Dewberry Capital Corp. v. Dewberry Engineers Inc. (23-900, Feb. 26, 2025), and addressed the issue of awarding profits in a trademark infringement case under the Lanham Act, specifically, whether the profits of the defendant's affiliated companies can be included in the award. Dewberry Engineers Inc. sued Dewberry Group, a competitor in the real estate development industry, for trademark infringement under the Lanham Act.
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Oct 3, 2024 | 
jdsupra.com | Edward Lanquist |Dominic Rota
We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent applications that can provide value now, as well as in the future. This article will discuss the benefits of filing patent applications for even marginally patentable software-based inventions.
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Sep 19, 2024 | 
hypepotamus.com | Edward Lanquist |Dominic Rota
Editor’s Note: This contributor article is from Edward D. Lanquist and Dominic Rota at the law firm Baker Donelson, who shared eight key steps founders need to think about during their IP journey. A startup’s most significant asset is often its intellectual property (IP). Inventions, branding, software, and external-facing content can impact the overall value of the startup enterprise and its appeal to investors. This article provides a detailed list of how startups can best protect their IP.
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Jun 19, 2024 | 
jdsupra.com | Edward Lanquist
The Second Circuit issued a ruling on May 28, 2024, in a trade dress case, affirming the district court's decision that Redemption Whiskey diluted the trademark and trade dress rights of Bulleit Whiskey since Redemption's bottle resembled the design of the Bulleit's distinct canteen-shaped whiskey bottles. This case demonstrates that a finding of "fame" in dilution cases does not require a company to be a household brand.
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Feb 6, 2024 | 
jdsupra.com | Edward Lanquist |Jeremy Ray
The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022. Generative AI is a type of AI with the ability to create many forms of unique content (e.g., images, video content, text, poems, stories, musical compositions, sound recordings, and even deepfakes).
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Feb 5, 2024 | 
today.westlaw.com | Edward Lanquist |Jeremy Ray |Baker Donelson
(February 21, 2024) - Baker Donelson attorneys Edward D. Lanquist and Jeremy D. Ray analyze a major dispute involving the use of copyrighted content for machine learning and offer predictions of how that litigation could end. The legal implications of artificial intelligence (AI), specifically generative AI, quickly became a topic of casual conversation following the launch of ChatGPT in November of 2022.
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Jan 18, 2024 | 
jdsupra.com | Jacob Baggett |Edward Lanquist |Jeremy Ray
Recent advances in technology and artificial intelligence have the power to completely disrupt the world of advertising, media, music, sports, and entertainment by manipulating digital content to create synthetic photos and videos that are virtually indistinguishable from real life. These so-called "deepfakes" can be used to misappropriate virtually anyone’s image and likeness for unlawful commercial gain, embarrassment, or other nefarious purposes.
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Nov 20, 2023 | 
jdsupra.com | Adam Baldridge |Edward Lanquist |Dominic Rota
INTRODUCTION -
Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support, search engine optimization, market research, and inventory management. Now, AI-enabled technologies have become a regular fixture of many software-based services, such as technologies built on conventional machine learning or complex neural networks.
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Sep 26, 2023 | 
law.com | Edward Lanquist |Dominic Rota
The U.S. Supreme Court’s opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as “art critics.” Many, however, downplay how the Supreme Court’s decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
