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Few areas are as colorful and contentious as the world of tattoo art in copyright. Tattoos, once considered a purely personal form of expression, have increasingly become the focus of significant legal debates. As the popularity of tattoos grows, so too does the complexity of copyright issues surrounding them. The two recent disputes discussed here…

The Illinois anti-SLAPP* law is in the spotlight, and its effectiveness is under scrutiny. Designed to protect those who speak out on certain issue from spurious, retaliatory defamation claims, the Citizen Participation Act has lost its teeth over the years. But the Chicago Sun-Times is not backing down and has taken its fight to the…

California has introduced two significant laws this year to combat the misuse of deepfakes—manipulated media that looks real. Since businesses are not likely to forgo consumers in California—the world’s fifth-biggest economy on its own—they should pay attention even if they are not in California. It has been our experience that California attorneys have no problem…

Phillips & Bathke, P.C. is pleased to announce a significant victory in another “Schedule A” case it has handled. The defense, led by Jonathan Phillips, secured not only the dismissal of the case against its client but also financial restitution that compensates the client for both legal fees and business interruptions. By levelling aggressive, focused…

The 6th Cir. recently considered whether a members of a supposed breakaway faction of Michigan’s Libertarian Party could use the Libertarian National Committee’s trademark and hold themselves out as the official Michigan affiliate. Libertarian Nat’l Comm., Inc. v. Saliba, No. 23-1856, 2024 U.S. App. LEXIS 21832 (6th Cir. Aug. 28, 2024). The preliminary injunction entered…

Phillips & Bathke, P.C. has moved its Chicago office—by three whole floors. With our addition of Jonathan Francis to the team, we have larger space in Suite 1126 of the Monadnock Building. Visit John, Jonathan, and Jonathan (sometimes) at the Monadnock Building, 53 West Jackson Boulevard, Suite 1126, Chicago, Illinois 60604

In a recent ruling on August 12, 2024, the Northern District of California, by Judge Orrick, issued a significant decision in Anderson v. Stability AI. This case involves allegations regarding the use of the plaintiff’s images as training data for an AI text-to-image generator.  Key Points from the Ruling: 1. Dismissal of Image Use Claims:…

A recent, precedential, decision from the Trademark Trial and Appeal Board (TTAB) addressed the issue of acquired distinctiveness for descriptive marks listed on the Supplemental Register. This ruling has notable implications for trademark practitioners and businesses alike. State Permits, Inc. v. Fieldvine, Inc., Cancellation No. 92075095 (August 16, 2024). Key Takeaways from the Decision The…

We are thrilled to announce that Jonathan Francis has joined Phillips & Bathke, P.C. as an Of Counsel attorney. Jonathan brings a wealth of experience in intellectual property and civil litigation, gained from his time in both small and “big law” environments. As the third “Jo(h)n” at our Firm, he adds a distinctive edge to…