Catherine Holland

While the legal landscape is continuing to take shape, a number of recent court decisions indicate that unlicensed use of copyrighted data to train AI models generally constitutes fair use. Each fair use inquiry depends on...more The Trademark Trial and Appeal Board (“TTAB” or “the Board”) afforded no weight to a bare-bones trademark consent agreement that contained no provisions for the parties to avoid confusion, even though the same agreement had...more The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed...more International sportswear company Nike filed a lawsuit against a Los Angeles-based manufacturer alleged to have produced thousands of inauthentic Nike® Dunk®-inspired sneakers. Interestingly, the lawsuit was filed shortly...more