AI Cloud Apologizes, After Caught in NonsenseIntellectual Property, September 2026PatentLawyer995 tried to file a U.S. patent application, using DOCS as client insisted, and received a warning message about antecedent basis problems with the claims. PatentLawyer995 could find no problems. Considering the PTO might use AI to check claims, he asked Claude what is wrong with this sample claim and the full exchange was captured for review.
Copy Editing Is Not a Remedy Available in CourtBy David C. BrezinaIntellectual Property, September 2026The Court of Appeals for the Federal Circuit addressed a claim for a positive injunction essentially requiring copy editing. Specifically, US Inventor, Inc. v. Squires sought to order the Commissioner of Patents and Trademarks to more completely qualify the statement published on issued patents that the patent “grants to the person(s) having title to this patent the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States of America or importing the invention into the United States of America . . . .”
Limited Choice StreamingBy Daniel KeganIntellectual Property, September 2026There is currently no single streaming license that grants permission to a group quarters residence to show all movies that may be available to an individual to show in their private home. Knowing this may restrict some of the movies a group community may decide to show. Compliance with the streaming rights provided, and withheld, can also keep the community and key individuals lawful.
Social Media Use and AbuseBy David C. BrezinaIntellectual Property, September 2026A few lessons can be learned from the recent 7th Circuit case, Wenzler v. United States Coast Guard: Do not put any one of (1) government organization membership; (2) government organization officer position; or (3) wearing a uniform on a social media profile or page on which you want to post critical opinions. Certainly not all three.
Vivek Shah’s Vexatious LitigationBy Margo Lynn Hablutzel, J.D.Intellectual Property, September 2026For the last few years, companies all over the United States have received a letter from a man named Vivek Shah, demanding payment for alleged violations of California’s Invasion of Privacy Act. Finally, in July, Judge R. Gary Klausner, with the U.S. District Court for the Central District of California, granted a motion declaring Vivek Shah to be a Vexatious Litigant. While the order is limited to one district, other recipients of communications from Shah are cheered by their ability to use it, along with his history of letters and litigation, to ask the same relief of other courts.
Addressing the “Ghost” in the Machine: Speculative Ticketing and the Evolution of Illinois Consumer Protection LawBy Jennifer L. GordonIntellectual Property, June 2026The secondary ticket market is undergoing a period of intense regulatory scrutiny as Illinois lawmakers grapple with "speculative ticketing"—colloquially known as "ghost ticketing." This practice involves resellers listing tickets for sale that they do not currently possess, effectively "shorting" the ticket market. While federal oversight exists, a significant regulatory gap has emerged, prompting the Illinois General Assembly to pursue state-specific legislative remedies in 2026.
FOIA Amended to Address Cybersecurity ThreatsBy Jenifer L. JohnsonIntellectual Property, June 2026Illinois Public Act 104-0438, effective 1/1/26, makes numerous changes to the Open Meetings Act and the Freedom of Information Act (FOIA), including a change driven by cybersecurity concerns.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, June 2026A compilation of recent events in all matters related to intellectual property, including PTO Trademark Center makeover appearance; CO inflation; AI pilot fee waived; advantages of utilizing USPS for shipping; sequestered scientific evidence guide; Argentina fee inflation; and more.
The Second Circuit Builds a Wall Around China, Something Courts in the Seventh Circuit Should AvoidBy Jonathan L.A. PhillipsIntellectual Property, June 2026Schedule A patent and trademark litigation has become one of the most significant, and most contentious, areas of intellectual property practice. Serving foreign defendants is not a new problem. For years, courts addressed it with a practical solution: authorize electronic service through the very platforms the defendants use. Then came Smart Study...
Seventh Circuit Reverses “Pizza Puff” InjunctionBy Steven L. Baron & Griffin TopelIntellectual Property, June 2026In January 2026, in Illinois Tamale Co., Inc. v. LC Trademarks, Inc. and Little Caesar Enterprises, Inc., the Seventh Circuit reversed a preliminary injunction against Little Caesars on the term “Pizza Puff” and affirmed the denial of injunctive relief for “Crazy Puffs” and “Puff.”The case is a useful reminder of the standards for genericness and descriptive fair use in trademark law.
Unclaimed PropertyIntellectual Property, June 2026February 1 was National Unclaimed Property Day. Unclaimed property includes forgotten or overlooked bank accounts; certificates of deposit; stocks and bonds; overpayments, refunds, and uncashed rebate checks; unpaid insurance claims; and the contents of abandoned safe deposit boxes.
Where the Workplace Ends: The Illinois Right to Privacy in the Workplace ActBy Mara Baltabols & Sarah MilcarekIntellectual Property, June 2026Illinois employees can expect a certain level of privacy in the workplace as to their personal content and interactions on the internet, as long as the employee does not cross the line between work and play. While employees have the right to their own autonomy, personal beliefs, and to engage in the use of lawful products, employers also have the right to maintain a safe workplace that properly reflects their business’s mission, values, and confidential information.
The Board of Peace Makes Its Mark, but It May Be Heading for Conflict in the USPTOBy Steven L. BaronIntellectual Property, March 2026On February 19, 2026, President Trump’s newly created Board of Peace (“BOP”) held its inaugural gathering to discuss how to rebuild Gaza.Setting aside the propriety and potential efficacy of the BOP, there are now four pending intent-to-use trademark applications filed in the United States Patent and Trademark Office (“USPTO”) for BOARD OF PEACE trademarks, two filed by the government and two filed by a non-profit.
Geographical Indication Protection to Muñeca Lele of Santiago de MexquititlánBy Daniel KeganIntellectual Property, March 2026The USPTO protects Geographical Indications primarily through certification marks or collective marks, it has no separate GI Register. The Mexican IP Institute recently declared the traditional Otomi textile Muñeca Lele de Santiago de Mexquititlán (“Lele Doll”) a protected Geographical Indication. The Lele Doll is characterized by a round head (sometimes called a ball doll), two braided pigtails, ribbon adornments, and colorful textile clothing.
Hyman’s Holdings: Gnats, Camels, and LitigatorsBy Justice Michael B. HymanIntellectual Property, March 2026In his column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, March 2026A round-up of recent events in the world of intellectual property, including NIL for minors, TRAIN Act, PH Highway, AI sanctions, and more.
Lawyers Must Build Technical Competence Before Claiming AI CompetenceBy George BellasIntellectual Property, March 2026Artificial intelligence is becoming an inevitable component of practicing law, but before implementing AI into your practice, ensure you have the correct technological competency to satisfy your ethical obligations.
Recent Trademark Registration Solicitation SchemesBy David C. BrezinaIntellectual Property, March 2026It may be the new year, or it may be new scams, but several have come out from law firms that make one wonder about ethics. Trademark records are public. If a law firm discovers an unregistered business name and can turn the filing into its business, it can bill. It might bring in a “good” client with multiple marks, or other work. But neither the “existing” client’s intent, nor that they will truthfully file is apparent. Indeed, both are logically contradicted.
Schedule A: Where Convenience & Civil Procedure ClashBy Christopher KeleherIntellectual Property, March 2026A Schedule A tactic to herd alleged infringers into a single action is testing the limits of civil procedure rules, prompting pushback from the U.S. District Court for the Northern District of Illinois.
Enforceability of Non-Compete Agreements in IllinoisBy Ariana Thao & Lawrence StarkIntellectual Property, December 2025Non-compete agreements between employers and employees are enforceable in Illinois under the Illinois Freedom to Work Act (IFWA), but only under specific conditions. As of January 1, 2022, such agreements are restricted based on employee salary (minimum $75,000/year), employment conditions (e.g., not enforceable against those laid off due to COVID-19-like events unless certain payments are made), and employee categories (e.g., union members or most construction workers are excluded).
Intellectual Improbabilities™By Daniel KeganIntellectual Property, December 2025An overview of recent developments in intellectual property law, including Delaware trade names change, streamlined claim PTO pilot, Amazon Patent Evaluation Express, Aubrey Drake Graham's lawsuit against Kendrick Lamar dismissed, additional fees for trademark applications in Russia, and more.
SoundExchange Dealt a Blow To Enforcing Delinquent RoyaltiesBy Anthony J. Wenn & Beverly A. BernemanIntellectual Property, December 2025The Southern District of New York case, SoundExchange v. Sirius XM Radio Inc., has profound implications, including weakening SoundExchange's legal leverage, creating uncertainty about mechanisms to recover underpaid royalties, and future potential legislative action.
Voila! The Pop-Up Timer for Turkeys Saved the DayBy Adam SussmanIntellectual Property, December 2025You can thank Eugene Beals for the meat thermometer you used this Thanksgiving to ensure your turkey is cooked to perfection.
AI in the Small Law Firm—The Need for a Formal Written PolicyBy Edward J. Jarot, Jr. & William D. LohrmanIntellectual Property, September 2025For all the power that AI offers, small firms are strongly encouraged to develop and refine an express and comprehensive policy for the use of chatbots, generative AI, and the other AI tools.
CAR v. PTO HijackingBy Daniel KeganIntellectual Property, September 2025Learn more about the new authorization process for the new trademark Correspondence and Attorney Representation (CAR) form.
Intellectual Improbabilities™By Daniel KeganIntellectual Property, September 2025A quick look at recent developments in intellectual property law, including the Cracker Barrel controversy, updates to the Patent Assignment Search and Assignments on the Web, band members' lawsuit after an onstage fight, patent examination fees in Egypt, and more.
Library of Congress Reaches Major Milestone in Bringing Collections to UsersIntellectual Property, September 2025The Library of Congress has publicly launched the next phase of its generational effort to replace legacy systems and revolutionize core functions—including cataloging, acquisition and collections access.
Multi-Factor Authentication Is No Longer Optional for Legal ProfessionalsBy Brandon P. WoudenbergElder Law, July 2025This article emphasizes that multi-factor authentication (MFA) is essential for legal professionals, not just a 'best practice.' It highlights the increasing cyber threats in the legal industry and the need for attorneys to protect clients' data. It offers simple MFA options and discusses the risks of not using this security feature. Ultimately, the minor inconvenience of setting up MFA is worthwhile for the protection it provides against data breaches, reputational damage, malpractice claims, and disciplinary issues.
