Law Office of Jason H. Rosenblum, PLLC

09/02/2026

A machine can't be an author or an inventor. The Supreme Court's refusal to revisit the question settled that, for now. What that means in practice: if you use AI tools, your human contribution is what makes the work protectable. Document it as you go.

09/01/2026

A jury found Quince's boot copied UGG's design and then invalidated UGG's design patent, so Deckers walked away with nothing. A patent is only as strong as its drawings and claims. If the protection you filed doesn't hold up under scrutiny, it won't protect you when it counts.

After a four-day trial, a federal jury invalidated the design patent Deckers Outdoor Corp. had for its Ugg Ultra Mini Boot, giving Quince the win.

08/31/2026

Ask yourself one question about your online business: if your account disappeared tomorrow, what would you legally still own? For creators without registered trademarks and copyrights, the honest answer is “not much.” Here's how to change that.

08/30/2026

An influencer trademarked “Hot Girls Read,” announced it on Instagram, and told other shops to pull their products. Within days of the backlash and a formal challenge, she surrendered the mark. Remember, a trademark protects a source identifier; it isn't a tool for claiming a phrase the internet built, and overreaching enforcement can backfire fast.

From "Hot Girl Walk" to "Hot Girls Read," girlboss creators are weaponizing trademark law.

08/29/2026

Open-source code isn't free of obligations. Some licenses require you to make your own code public, which is a serious problem when you're filing a patent or closing a funding round. Know what's in your stack before it matters.

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08/28/2026

Seventeen news organizations suing OpenAI are asking the court for sanctions, alleging the company misrepresented its ability to search its own training data. Beyond the AI headlines, there's a basic litigation lesson here: what you tell the court about your own systems has to be true.

More than a dozen news organizations asked a court to sanction OpenAI for withholding evidence in lawsuits over alleged copyright infringement.

08/27/2026

When your brand name becomes the word for the product itself, you can lose the trademark entirely. It's called genericide, and it's why Xerox ran ads asking people to say “photocopy.” Policing how your mark is used isn't optional.

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08/26/2026

A trademark conflict isn't just about matching names. The USPTO weighs how similar the marks are against how related the products are. The closer the names, the less industry overlap it takes to get refused. Here's what likelihood of confusion actually means for your brand.

08/25/2026

The best time to protect your IP was when you launched. The second best time is today. Most IP problems we see were preventable, and the fix costs far less than the fallout.

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🔗 JHRLegal.com

08/24/2026

The full Ninth Circuit will rehear the Kat Von D tattoo copyright case, and the court's decades-old test for what counts as “substantially similar” is on the chopping block. Whatever the court decides will reshape how infringement is measured for every artist, photographer, and designer in the circuit.

The appellate court will have a new hearing before 11 judges in September at which they may consider if its current test for evaluating copyright infringement claims needs to be replaced.