Imagine That IP Law Blog

At times, corporate stakeholders may consider IP due diligence as slowing down business instead of creating and preserving value. However, pro-active trademark portfolio development and management can often streamline business resources, help jumpstart new brand initiatives, generate added asset valuations, and minimize downtime when expanding into new territories. This article discusses important trademark basics as well as common questions and issues in-house counsel often encounter during due diligence or IP audits.

What is a Trademark?
At a very high level, a ... Read More ›

The Pokémon Company considers legal action against Palworld for intellectual property violations. On January 25, The Pokémon Company issued a statement on its Japanese website where it confirmed it intends to investigate “another company’s game” that was released in January 2024.

For gamers, this is an obvious nod to Palworld which has made headlines since its recent launch as many believe the animated world has strong similarities to Pokémon.  With over 8 million downloads in six days, legal action by The Pokémon Co. and its co-owner Nintendo appears imminent. The value ... Read More ›

On January 9, 2024 Relish Labs LLC (Relish) and its parent corporation The Kroger Co. (Kroger) filed a Petition for a Writ of Certiorari to the U.S. Supreme Court, seeking review of the Seventh Circuit’s refusal to issue a preliminary injunction against Grub Hub’s use of the orange fork and knife logo. Grubhub Inc. v. Relish Labs LLC, 80 F.4th 835 (7th Cir. 2023). Relish Labs LLC owns the HOME CHEF logo that also utilizes a fork and knife design. See Petition here.

Kroger’s Petition asks SCOTUS to determine once and for all if the determination of a likelihood of confusion is a factual ... Read More ›

Online sellers whose primary income results from sales on third party marketplaces must be vigilant in making sure they have notice of lawsuits filed against them or their products. A litigation process referred to as “Schedule A” that is becoming more prevalent has provided patent and brand owners with what can be a potent enforcement tool. These “Schedule A” cases may not put a seller on notice that they have been sued for intellectual property infringement. A temporary restraining order (TRO) could issue against an online marketplace, which could result in an immediate ... Read More ›

AI-generated images have taken the internet by storm. From (occasionally terrifying) “deep fakes” to whimsical images of King Charles breakdancing, AI-generated images have entered the mainstream.

On August 18^th, in the case Thaler v. Perlmutter et al., Case No. 1:22-cv-01564 (U.S. District Court for the District of Columbia), Judge Howell of the DC Circuit held that artificial intelligence cannot be an author under U.S. Copyright Law.

The copyright application before the Court claimed that a particular artificial intelligence (“AI”) system was the “author” and ... Read More ›