Professional Digest

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A working group of U.S. Senators released a policy roadmap this week that identifies on key priorities in the realm of artificial intelligence (“AI”). The Bipartisan Senate AI Working Group’s report – which was informed by a series of closed-door AI insight forums held this fall by the Senator Chuck Schumer-led group – focuses on eight AI-specific policy priorities for federal government committees to consider, including: (1) supporting U.S. innovation in AI, (2) AI and the workforce, (3) high-impact uses of AI, (4) elections and democracy, (5) privacy and liability, (6) transparency, explainability, intellectual property, and copyright, (7) safeguarding against AI risks, and (8) national security.

With regard to “intellectual property” – and right of publicity – in particular, the AI Working Group says that it encourages the relevant committees to …

> “Consider federal policy issues related to the data sets used by AI developers to train their models, including data sets that might contain sensitive personal data or are protected by copyright, and evaluate whether there is a need for transparency requirements.”

Some Litigation Updates …

> Lehrman, et al. v. LOVO, Inc: Voice-over actors Paul Lehrman and Linnea Sage have filed a right of publicity and false advertising lawsuit against generative AI platform LOVO, Inc. (You can find our tracker of key AI cases right here.)

> Patagonia v. Nordstrom: The parties alerted the court that they have settled a case, in which Patagonia accused Nordstrom of selling “substantial quantities” of counterfeits.

> Puma v. Brooks Sports: A fed. court in Seattle granted in part and denying in part Brooks Sports’ motion for judgment on the pleadings in the TM & patent infringement suit. (The order is right here.)

> Silva v. Whaleco, Inc. dba Temu: Temu is being accused of using “misleading strikethrough prices” and “fake limited-time offers” in a new false advertising complaint.

In some deal-making (and other finance) news this week …

• Esprit Europe GmbH & six other German companies of the fashion group filed for insolvency under self-administration.

• AI-powered smart wallet provider Kudos has raised $10.2M in a Series A round.

• Laws of Motion, which provides AI sizing technology for e-commerce brands & retailers, has raised $5M in a Seed round.

• E-commerce pre-order & waitlist platform Purple Dot has raised €9.2M in a Series A round.

• Steno, which provides legal support and court reporting services, has raised $46M in a new round.

• Access Legal has acquired UK legaltech app inCase. 

• Climate and sustainability training company AimHi Earth has raised £1M in a new round.

• Diamond and gemstone marketplace Nivoda has raised $30M in a Series B round.

  
  

– Julie Zerbo
Founder & Editor-in-Chief

Here are TFL’s top articles of the week …

1. Shopify Sues Rival for “Wholesale Copying” of its E-Commerce Code. Shopify asserts that “unable to compete fairly with [it],” Shopline has “mimicked Shopify’s market-leading operations in many ways.”

2. YSL v. USL: A Battle Over Monogram Trademarks. Yves Saint Laurent has suffered a defeat in its quest to block the Japanese registration of what it claimed is a “confusingly similar” monogram TM. 

3. Consumer Org Claims Temu is Violating EU Digital Services Act. The “booming Chinese online marketplace” is allegedly “failing to protect consumers” and “using manipulative practices that are illegal” under the Digital Services Act.

4. Price Harmonization: Lots of Talk but Relatively Little Action in Luxury. Despite the potential benefits that can be garnered from the implementation of global pricing strategies, few brands are rushing to ensure that their prices are consistent across different markets. 

5. Tapestry, Coach Drop Trademark Case Against Gap, Inc. Over COACH Tees. Gap, Inc. & Tapestry appear to have resolved a trademark clash that pitted the retail brand owners against one another over Old Navy t-shirts bearing the word COACH.

6. ESG Claims: A Dive into a Number of False Advertising Cases. A case that considered whether a company may be shielded from ESG-centric false advertising & unlawful business practices claims by California’s anti-SLAPP statute has settled.

7. Climate Change, Supply Chains Among Key Concerns for Boards. Human rights, cyber risks, climate change & heightened geopolitical tensions are among some of the key risks perceived by directors & officers in various industries. 

8. AI Can Make Up Songs Now, But Who Owns the Copyright? A court would likely scrutinize precisely how the sound recording was generated. If the user’s prompt demonstrated sufficient “independent intellectual effort,” then authorship might be found.