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Fair Use of Copyrighted Works in AI Training: Legal Standards and Emerging Trends
2025-07-14. As generative AI models become more sophisticated, courts and policymakers are grappling with whether and when using protected content to train AI constitutes copyright infringement or falls within the boundaries of fair use. This article examines the evolving legal standards that govern these questions, focusing on recent U.S. federal court decisions and one policy report.
2025-06-26. This article analyzes four recent legal developments in artificial intelligence:
The EU Court of Justice Limits Data Processing for Targeted Advertising
2024-11-25. The Court of Justice of the European Union has imposed restrictions on Meta's ability to process personal data for targeted advertising. The case addresses two critical aspects of data protection: the scope of data minimization requirements and the processing of sensitive personal data that has been made public.
California AI Bill Vetoed by Governor Newsom
2024-11-14. California Governor Gavin Newsom vetoed California Senate Bill 1047, known as the "Safe and Secure Innovation for Frontier Artificial Intelligence Models Act." The bill sought to establish safeguards for AI model development to mitigate catastrophic risks. Newsom's decision reflects the challenge of regulating an evolving technology sector.
2024-01-12. The Court of Justice of the European Union has issued a significant judgment regarding the understanding and application of the General Data Protection Regulation. This judgment examines the practices of credit information agencies, specifically focusing on their use of automated scoring systems and their alignment with the Data Protection Regulation's mandates.
The EU Court Evaluates User Consent on Dominant Social Networks
2023-10-11. The Court of Justice of the European Union held, among other conclusions, that the fact that a social network operator has a dominant position in the market does not prevent its users from giving free and informed consent to the processing of their data by that operator.
2023-09-29. The Court of Justice of the European Union held that a bank customer was entitled to information about the nature, frequency, and purpose of the bank's access to his personal data, but it also held that the customer was not entitled to know the identity of the specific bank employees who accessed that data.
2023-07-13. The Court of Justice of the European Union (the "European Court") ruled in January thatDirective 2016/680 (which addresses the processing of personal data by competent authorities for the purpose of criminal investigations) allows authorities to process genetic and biometric data, as long as a national law authorizes the processing and the activities fall under the scope of that Directive.
2021-11-19. In a case involving trademarks related to radio remote controls, a court of appeals ruled last August that the United States federal trademark statute applies extraterritorially, because the trademark infringement in this case created substantial effects in the United States and because the extraterritorial application did not conflict with trademark rights in other countries.
A Prior Registration of the Applicant is the Deciding Factor in a Likelihood-of-Confusion Case
2021-11-03. In a case involving a likelihood of confusion between two trademarks for clothing products, the Trademark Trial and Appeal Board of the US Patent and Trademark Office held that a prior registered trademark of one of the parties was the deciding factor in the analysis.
Zoom's Settlements Regarding the Company's Security Claims and Practices
2021-09-23. Zoom, a provider of videoconferencing services, has agreed to pay 85 million dollars to settle a lawsuit concerning its security claims and practices. Earlier this year, it reached a settlement with the US Federal Trade Commission, which had alleged that Zoom made misleading statements about the security and privacy of its services. This article summarizes the plaintiffs' claims in the lawsuit and the company's settlement with the Commission.
An Insurance Company Obtains a Domain Name Registered by a Cybersquatter
2021-08-12. A judge has ordered the transfer of the domain name PRU.com to Prudential, a provider of insurance and financial services. Shenzhen Stone Network Information, a Chinese company, had registered the domain name allegedly for use in connection with the provision of financial news. The judge found that Shenzhen Stone had registered the domain name in bad faith, with intent to profit from its sale to Prudential. As a result, the judge ordered the transfer of the domain name to Prudential.
Summary of the Council of Europe's Convention for the Protection of Personal Data (Convention 108)
2021-07-28. The Council of Europe adopted in 1981 the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, also known as Convention 108. It was the first binding international treaty on data protection, and its signatories include countries from three continents. In 2018, the Council of Europe adopted a protocol that will amend the Convention once it enters into force. This article provides a summary of the Convention as amended by the 2018 protocol.
A Lawsuit Arising from a Data Breach is Dismissed for Failure to Allege a Concrete Injury
2021-07-01. A federal judge has dismissed a lawsuit arising from a data breach because the plaintiffs failed to allege a concrete injury. The plaintiffs had received medical services from the defendant company and sued it based on several claims related to the data breach, including negligence and breach of contract.
Consumer Confusion before Purchase can Constitute Trademark Infringement
2021-06-18. The United States Court of Appeals for the Eighth Circuit has held that initial, presale consumer confusion can constitute trademark infringement. The case involved sellers of adjustable air mattresses. One party used phases similar to the other party's trademarks in website addresses, paid search terms, embedded links, and text advertisements.
The Right to Data Protection in the Spanish Constitution
2021-06-14. "The law will limit the use of information technology to guarantee the honor and personal and family privacy of citizens and the full exercise of their rights" (Spanish Constitution, art. 18.4). This right is known as the right to data protection, but it has also been given other names, such as "information self-determination", "habeas data," and "digital freedom". This article describes the content and limitations of the right to data protection, based on two judgments of the Constitutional Court that have interpreted it.
2021-05-25. The Trademark Trial and Appeal Board has affirmed an examiner's refusal to register CERTIFIED BISON in the Supplemental Register, because it is the generic term for the goods identified in the application.
2021-05-18. In two recent agreements, the United States Federal Trade Commission settled complaints it had brought against two companies for misleading users and violating their own privacy policies. One of the companies developed an application that tracked menstrual cycles and fertility, and the other one developed a photo-storage application that used facial recognition.
Glossary and Sources for the Translation of Legal Texts
2021-05-05. This article contains the glossary of more than 6,000 terms I created during the years I worked as a translator of legal documents. I also include several sources I frequently use for the translation of legal terms.
The Partial Coating of a Chocolate Snack is Functional and not Protectable as a Trademark
2021-04-19. The United States Court of Appeals for the Third Circuit held that the design of a partially-coated chocolate snack is functional and not protectable as a trademark.
2021-04-07. In January, the Spanish Data Protection Agency imposed on CaixaBank a fine of 6,000,000 euros and corrective measures in connection with the processing of its clients' personal data.
An Obligation to Write Computer Code for Car Dealerships may Violate Freedom of Speech
2021-02-16. In a preliminary ruling, a judge in Arizona held that the plaintiffs had sufficiently alleged that a law that required them to write computer code for car dealerships violated their freedom of speech.
The Protection of Unregistered Marks in the United States
2021-01-27. A person or company can claim trademark rights in the United States based on its use of a mark in that country, even if it is not registered with the Patent and Trademark Office. These unregistered marks are known as "common law marks."
The End of the Privacy Shield Agreement between the European Union and the United States
2020-11-09. Last July, the Court of Justice of the European Union invalidated a decision of the European Commission implementing the Privacy Shield Agreement, thus eliminating one mechanism to transfer personal data from the European Union to the United States.
The United States Trademark Office Cannot Deny the Registration of Immoral or Scandalous Marks
2020-03-18. Last year, the United States Supreme Court ruled that the refusal of the United States Patent and Trademark Office to register a vulgar trademark violates the free speech guarantee of the United States Constitution, and it declared unconstitutional the statutory provision that prohibited the registration of immoral or scandalous trademarks.
2019-04-30. In a case involving the Illiniois Biometric Information Privacy Act, the Supreme Court of that state held unanimously in January that a plaintiff could obtain compensation and injunctive relief without the need to allege harm beyond the violation of that statute.
2019-02-21. The Trademark Trial and Appeal Board of the United States Patent and Trademark Office has refused the registration of the mark "Pele Say" because consumers may confuse the source of products bearing that mark with the source of products bearing the mark "Pelé."
2018-10-12. A judge has affirmed the cancellation of a trademark registered in the United States because the defendant had deceptively marketed its mark in the US as being the same brand that has been sold in Mexico for decades.
2018-09-07. A federal district court has held that a Ukrainian company did not acquire trademark rights in the United States, even if that company had registered a domain name in the United States and that website was accessible to US residents.
2018-08-21. The purpose of an opposition proceeding is to prevent the registration of an applied-for mark. On the other hand, the purpose of a cancellation proceeding is to eliminate the registration of a mark that has already been registered. Both proceedings take place before the (Trademark Trial and Appeal Board or “TTAB”).
The Name of a Fictional Restaurant can be Protected as a Trademark
2018-06-06. An appellate court has found that the name of a fictional restaurant in a television show can be protected as a trademark, and that the defendant’s applied-for mark would likely create confusion about the source of its restaurant services.
2018-05-29. In a dispute between an alcoholic beverage company and a provider of food products and food-related services, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office held that the mark the defendant applied for was likely to create confusion among consumers regarding services related to alcoholic beverages, but not regarding food products or retail services.
2018-01-19. The United States Court of Appeals for the Federal Circuit has ruled that the term “magnesita” cannot be registered as a trademark because it is a generic term for refractory products and a highly descriptive term for information services related to those products.
Bases for the Registration of Foreign Trademarks in the United States
In certain situations, non-US persons and entities may register trademarks in the United States. The United States is a party to several international treaties on trademark protection, such as the Paris Convention, the General Inter-American Convention for Trade Mark and Commercial Protection, and the Madrid Protocol, among others. This page focuses on the registration of foreign trademarks in the United States through the Madrid Protocol or based on an application or registration in another country.