Intellectual Property Blog

Looking Ahead: Kentucky Data Privacy Law to Take Effect January 2026

To ring in the 2026 new year, Kentucky will join the 19 other states that have enacted comprehensive state data privacy laws. The Kentucky Consumer Data Protection Act (“the Act”), going into effect January 1, 2026, applies to any person conducting business in Kentucky or anyone producing goods/services that are targeted to Kentucky residents and meet specific thresholds. A whole new group of consumer rights takes effect with the new law and noncompliance can produce new liability for businesses that run afoul of these provisions, so now is the time for all business owners to familiarize themselves with the new law. More >

How the Government Shutdown Impacts Intellectual Property Owners

It has been a week since the United States government shut down. With no agreement between Congress on a funding bill for fiscal year 2026, the United States government ceased its non-essential operations at 12:01 am on October 1, 2025. More >

Protecting Performers When Government Pressure Mounts

Late-night television experienced a renaissance on Tuesday, September 23, when over six million people tuned in to watch what late-night host Jimmy Kimmel would say after being abruptly removed from the airwaves by the ABC network, a subsidiary of Disney, a week earlier. More >

When Art Meets Auto: Daniel Arsham, Quavo, and the Battle Over a Ferrari Sculpture

The intersection of art and intellectual property law is rarely quiet and the recent dispute involving artist Daniel Arsham and rapper Quavo is revving up that conversation in a high-profile way. At the center of the dispute? A clay sculpture of a Ferrari crafted by Arsham and allegedly used without permission by Quavo in a music video and related promotional materials. More >

Can AI-Generated Work Be Copyrighted? New Guidance from the Copyright Office Provides Clarity

In January 2025, the Copyright Office released Part 2 of its regulatory guidelines on copyright protection and artificial intelligence (AI). Part 1 of the report, which addressed the legal and policy issues related to AI and copyright, was released on July 21, 2024. Part 2, titled "Copyrightability," focused on the statutory requirement that a work must be created by "human authorship" and examined whether this requirement is met when works contain elements generated by AI. More >

Don't Be Tricked By Fraudulent Specimens

While it may not be Halloween season, you can still be tricked by a fraudulent specimen submitted to the United States Patent and Trademark Office (USPTO). The issue of fraudulent specimens in trademark applications has become a growing concern for both the USPTO and businesses. In recent years, the USPTO has observed an increase in the submission of fraudulent specimens related to trademark applications and renewal filings. More >

What is the DMCA? A Guide from a DMCA Agent’s Perspective

The Digital Millennium Copyright Act (DMCA) is a United States law that shapes how online content platforms handle copyrighted material uploaded by users. Enacted in 1998, the DMCA is foundational in balancing the rights of copyright holders with the realities of the internet’s user-generated content. DMCA Agents for online service providers (OSP) see firsthand how this law affects content creators, platform operators, and users worldwide. More >

McBrayer Data Privacy Update: A Look Back at 2024 and What to Expect in 2025

What We Saw in 2024:

2024 was the year of data privacy enforcement. The Federal Trade Commission (FTC) brought at least four enforcement actions in 2024 that addressed sensitive location data. These enforcement actions underscore the need to establish appropriate information security practices and to obtain affirmative consent for the sharing of sensitive data. The FTC further required companies to establish a sensitive location data program and address consumer rights requests. More >

Another Consumer Transparency Requirement for Businesses: The FTC finalizes the “Click to Cancel” Rule

The Federal Trade Commission routinely develops, amends, and enforces various rules related to consumer protection including transparency and choice requirements, many of which involve consent, privacy, and data security. More >

Is a Text Prompt in AI Software the Same as a Brushstroke to a Canvas? The Copyright Office Thinks Not.

On September 26, 2024, Jason Allen sued the Copyright Office in Colorado over the Copyright Office’s 2022 refusal to register “his” work entitled “Théâtre D’opéra Spatial.” 1:24-cv-02665. The “his” in the preceding sentence is not my cynicism about Mr. Allen’s authorship of the work; it is simply the open question that can be objectively argued either way. Mr. Allen says it is his. The Copyright Office determined it is not. More >