News and Insights

7.14.25

“Brand Protection Takeaways From OpenAI Trademark Case”

Jennifer Fraser and Diego Freire authored the Law360 Expert Analysis column, “Brand Protection Takeaways From OpenAI Trademark Case.”

7.17.23

Do Large Language Models Violate Copyright Law?

Comedian Sarah Silverman is suing the maker of ChatGPT over alleged copyright infringement. How strong is her case? And what does it mean for the future of AI? Eric Fingerhut of Dykema’s Intellectual…

9.27.21

Filing surge

Jennifer Fraser authored the Intellectual Property Magazine article, "Filing surge." In the article, she discusses how to navigate the delays prompted by the steep rise in US trademark filings.

2.17.25

Delaware District Court Ruling Raises Critical Fair Use Challenges for AI Companies: Implications for Copyright Compliance and Competitive Practices

The fair use defense may have narrowed for AI companies after a Delaware federal court ruled that ROSS Intelligence infringed upon 2,243 of Thomson Reuters’ copyrighted headnotes. This decision has…

1.30.25

The Future of Creativity: U.S. Copyright Office Clarifies Copyrightability of AI-Generated Works

As generative AI continues to reshape creative industries, the Copyright Office’s findings provide crucial guidance on how existing copyright law applies to AI-assisted and AI-generated works.

11.18.24

Upcoming Changes to Trademark Filing Fees: A Guide to the U.S. Patent and Trademark Office’s New Regulations

The U.S. Patent and Trademark Office will roll out significant changes to trademark filing fees starting January 18, 2025. With the introduction of surcharges aimed at promoting complete and timely…

7.10.25

One Minute Matters [Video]: Are AI Companies Winning the Copyright Battle? (with Diego Freire)

In the ongoing copyright battle between Big Tech and content creators, a clear leader has emerged. Two landmark federal court decisions just shifted the landscape for AI companies training on…

2.25.25

One Minute Matters [Video]: What Happens When  AI Uses Copyrighted Material To Train Its Model (with Mike Word)

Can AI training data be considered fair use? In Thomson Reuters v. ROSS Intelligence, the court ruled that using Westlaw’s headnotes to train AI wasn’t fair use—it was commercial and non…

1.16.25

One Minute Matters [Video]: Is Registering Your Trademark About To Get More Expensive? (with Shannon McKeon)

Filing a U.S. trademark application in 2025? Don’t get sticker shock when the price tag goes up. After new USPTO fee increases went into effect on January 18, 2025, understanding the impact they could…

8.20.24

How challenging is it to secure a trademark for your cannabis brand?

Picture this: Your cannabis business is thriving, sales are through the roof, and you’ve developed a loyal, passionate following for your brand. And yet… you still haven’t been able to register a…

7.30.24

Collaboration or contamination? Here‘s how to protect your cannabis trade secrets.

Cultivating a competitive edge in the cannabis industry hinges on innovation. But protecting those game-changing ideas is a hazy process that poses a lot of questions: Can you collaborate with other…

7.29.25

“How To Avoid Big Mistakes With Your Brand And Intellectual Property”

Eric Fingerhut was quoted in the Forbes article, “How To Avoid Big Mistakes With Your Brand And Intellectual Property.”

2.19.25

“Will the US Copyright Office’s AI stance create more problems than it solves?”

Mike Word was quoted in the World Intellectual Property Review article “Will the US Copyright Office’s AI stance create more problems than it solves?”. 

6.10.24

“Scammers’ New Way of Targeting Small Businesses: Impersonating Them”

Tom Moga was quoted in The Wall Street Journal article “Scammers’ New Way of Targeting Small Businesses: Impersonating Them.” 

8.21.25

210 Dykema Lawyers Listed in The Best Lawyers in America® 2026 and Best Lawyers “Ones to Watch”

Dykema, a leading national law firm, announced today that 210 of its attorneys, in multiple practice areas and markets, have been recognized in The Best Lawyers in America® 2026 guide and the Best…

6.12.25

Jennifer Fraser Included in World Trademark Review (WTR) Global Leaders 2025

Dykema, a leading national law firm, announced today that Jennifer Fraser was included on the World Trademark Review (WTR) Global Leaders 2025 listing. According to the organization, “WTR Global…

5.29.25

Six Dykema Attorneys Listed as Washington, D.C., Super Lawyers and Rising Stars for 2025

Dykema, a leading national law firm, announced today that six attorneys from the firm’s Washington, D.C., office, and from multiple practice areas, were named to the 2025 Super Lawyers and Rising…

12.20.24

Intellectual Property Update and Year in Review | December 2024

In this newsletter, we offer insights into key developments from the past year and explore factors that may influence 2025.

1.30.24

Legal Primer: How to Use Competitors’ Trademarks in Comparative Advertising

Shannon McKeon developed a helpful one-pager that covers comparative advertising and highlights the basic rules that allow for the use of competitors' trademarks under the doctrine of nominative fair…

1.29.24

Intellectual Property Update and Year in Review | January 2024

In this newsletter, Dykema IP attorneys provide insights on key developments of 2023 and look to what is and could impact 2024.

9.07.25

Jen Fraser and Steve Zeller To Serve as Featured Presenters at the 2025 IPO Annual Meeting

Jennifer Fraser and Steve Zeller will both serve as featured speakers at the 2025 IPO Annual Meeting taking place in San Diego from Sept. 7-9. 

5.21.25

The Use of Surveys When Registering, Enforcing, and Litigating Non-Traditional Marks

Jason Blair will serve as a featured presenter at the International Trademark Association (INTA) 2025 Annual Meeting, which takes place May 17-21 in San Diego.

3.06.25

“Hazy Hodgepodge: Navigate the Cannabis Trademark Landscape”

John Fraser and Marsha Gentner will be co-presenters for the Intellectual Property Law Section of the State Bar of Michigan and Institute of Continuing Legal Education’s Intellectual Property Law…

6.02.22

High Hopes: Cannabis Trademark Applications at the USPTO

Rachael Dickson is presenting an Alt Legal Webinar, “High Hopes: Cannabis Trademark Applications at the USPTO,” on June 2, 2022. Dickson will discuss the USPTO’s current policies toward cannabis…

11.30.21

Trademark Modernization Act: Are You Ready for the Changes?

On November 17, the PTO announced it will begin implementation of the Trademark Modernization Act (TMA) on December 18th. The TMA includes new expungement and reexamination procedures to challenge…

9.14.21

Cross Border Intellectual Property: How U.S. Companies use IP in China – How Chinese Companies use IP in the U.S., IPWatchdog

Thomas Moga will join IPWatchdog’s panel discussion, “Cross Border Intellectual Property: How U.S. Companies use IP in China – How Chinese Companies use IP in the U.S.,” which takes place Sept. 14,…