North America: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
What’s The Misuse? Defence Of Copyright Misuse Survives Further Motion To Strike In Millennium Funding v. Bell Canada
The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro
Canada IP
C
Cassels
Article
What Buyers Now Diligence In AI And Autonomy Deals: Lessons From Apple's AI Acquisition
Global investment in generative AI reached $25.2 billion in 2023, transforming how major technology companies acquire AI capabilities and fundamentally reshaping the due diligence process. The buyer's playbook has evolved from simply counting patent assets to investigating six critical pillars: proprietary data ownership, patent characterization, technical authenticity, regulatory compliance, cybersecurity resilience, and training data rights.
United States IP
FL
Foley & Lardner
Podcast
Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)
The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
A Court Order Is Not A Suggestion: Federal Court Finds Counterfeiter In Contempt
In Louis Vuitton Malletier SA v. Wang, 2026 FC 1244, the Federal Court found the Defendant, Audrey Wang also known as Ni Ni Yang also known as Ni Yang (Ms. Wang), guilty of contempt for breaching a permanent injunction in the 2019 judgment, Louis Vuitton Malletier SA v. Wang, 2019 FC 1389 (the 2019 Injunction), which prohibited her from infringing Louis Vuitton’s trademarks, depreciating the value of the trademarks, and engaging in passing off. The Court found beyond a reasonable doubt that Ms. Wang offered for sale and sold counterfeit Louis Vuitton goods, notwithstanding her knowledge of the 2019 Injunction.
Canada IP
C
Cassels
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Related Country Guides

PL
Patent Litigation
TD
Trademark Disputes
P
Patents
T
Trademarks

Copyright

Article
What’s The Misuse? Defence Of Copyright Misuse Survives Further Motion To Strike In Millennium Funding v. Bell Canada
The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro
Canada IP
C
Cassels
Article
Patents Or Trade Secrets? What Boards And CEOs Should Know In The Age Of AI
Generative AI is transforming intellectual property protection strategies, forcing companies to reconsider the traditional preference for patents. As AI-assisted innovations raise new questions about patentability and inventorship, while technologies evolve at unprecedented speed, trade secrets are emerging as an increasingly viable alternative for protecting competitive advantages in software code, datasets, and proprietary workflows.
United States IP
GP
Goodwin Procter LLP
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Trademark

Podcast
Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)
The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
Article
A Court Order Is Not A Suggestion: Federal Court Finds Counterfeiter In Contempt
In Louis Vuitton Malletier SA v. Wang, 2026 FC 1244, the Federal Court found the Defendant, Audrey Wang also known as Ni Ni Yang also known as Ni Yang (Ms. Wang), guilty of contempt for breaching a permanent injunction in the 2019 judgment, Louis Vuitton Malletier SA v. Wang, 2019 FC 1389 (the 2019 Injunction), which prohibited her from infringing Louis Vuitton’s trademarks, depreciating the value of the trademarks, and engaging in passing off. The Court found beyond a reasonable doubt that Ms. Wang offered for sale and sold counterfeit Louis Vuitton goods, notwithstanding her knowledge of the 2019 Injunction.
Canada IP
C
Cassels
Article
Can There Be Too Little Use To Preserve A Right In A U.S. Trademark Registration?
Can the sale of just four saxophones over three years be enough to prevent a U.S. trademark registration from being cancelled for abandonment? This case examines the critical distinction between minimal use and bona fide use in trademark law, exploring what constitutes sufficient commercial activity to maintain trademark rights when a historic brand is challenged by a competitor.
United States IP
CL
Cowan Liebowitz & Latman PC
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Trade Secrets

Article
Preliminary Injunctive Relief In Trade Secret Cases: When To Move And What To Prove
Trade secret holders face a critical timing challenge when seeking preliminary injunctive relief: they must develop sufficient evidence of imminent, irreparable harm while acting quickly enough to preserve the urgency that justifies emergency court intervention. This analysis examines how courts evaluate irreparable harm in trade secret cases, the evidentiary requirements for different types of misappropriation...
United States Litigation
GP
Goodwin Procter LLP
Podcast
Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)
The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United States IP
WG
Wolf, Greenfield & Sacks, P.C.
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Licensing & Syndication

Article
The AI Tools Speeding Up Drug Discovery Come With Risky Fine Print
Researchers routinely use AI tools like AlphaFold and Schrödinger's software without scrutinizing license agreements that contain restrictions on commercial use, confidentiality, and mandatory disclosure requirements. These overlooked terms can create significant legal obstacles when translating academic innovations into commercial products, affecting everything from sponsored research agreements to patent filings and university spinouts.
United States IP
FH
Foley Hoag LLP
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