C & T Newsletters
March 2025
Court Denies Copyright For AI-Generated Art, Affirming Human Authorship
Takeaway: The D.C. Circuit reaffirmed that only humans can hold copyrights, rejecting Stephen Thaler’s AI-generated artwork claim, underscoring the ongoing legal challenge of defining authorship as AI technology advances.
The D.C. Circuit ruled that only humans can hold copyrights, rejecting computer scientist Stephen Thaler’s attempt to register AI-generated artwork, reinforcing the long-standing legal principle that authorship requires human involvement. Thaler first applied for copyright in 2019—before AI tools like ChatGPT gained widespread recognition—arguing that his AI system, the Creativity Machine, autonomously created the work. Since then, the Copyright Office has refined its stance, allowing registration of works containing AI-generated elements as long as human contributions are explicitly disclaimed. However, courts have consistently upheld the human authorship requirement, citing the Copyright Act and constitutional interpretations.
now plans to appeal, but absent intervention from Congress, legal experts believe the requirement will remain firm. Meanwhile, other challenges continue to emerge, including a lawsuit from Colorado artist Jason Allen, who argues that his extensive prompting and post-processing of an AI-generated image qualifies for copyright, raising broader questions about the role of human creativity in AI-assisted works. These ongoing legal battles will likely shape future copyright policies as AI technology continues to evolve.
Trump Nominates John Squires as Next USPTO Director
Takeaway: President Trump has nominated John Squires, former chief IP counsel at Goldman Sachs, to be the next director of the U.S. Patent and Trademark Office, with his nomination now referred to the Senate Judiciary Committee.
President Donald Trump has nominated John Squires, the former chief intellectual property counsel at Goldman Sachs, to serve as the next director of the U.S. Patent and Trademark Office (USPTO). Squires, who is currently a partner at Dilworth Paxson LLP, was instrumental in building Goldman Sachs’ IP practice and has held key roles at firms like Chadbourne & Parke LLP, Perkins Coie LLP, and Gibson Dunn & Crutcher LLP. The nomination, which was referred to the Senate Judiciary Committee, follows a competitive selection process, with Squires reportedly beating out several other candidates. If confirmed, he will replace acting director Coke Morgan Stewart.
Jury Rules in Favor of Disney in Moana Copyright Infringement Case
Takeaway: A Los Angeles jury sided with Disney in a copyright case, ruling that Moana did not infringe on Buck Woodall’s Bucky, underscoring that without proof of access to the copyrighted work, claims of infringement are unlikely to succeed.
A Los Angeles federal jury ruled in favor of Disney on Monday, rejecting a copyright infringement claim over the 2016 film Moana. The case, filed by animator Buck Woodall in 2020, alleged that Moana copied elements from his own animation project, Bucky, which tells the story of a boy traveling back in time to save a Hawaiian beach. Woodall claimed that Disney accessed his work through a distant relative who had worked at a Disney-affiliated company, but the jury found no evidence that Disney had seen his materials.
The jury cleared Disney’s DVD distribution arm, Buena Vista Home Entertainment, of the claims after deliberating for less than three hours. The case focused on the film’s DVD and Blu-ray sales after 2017, as the judge dismissed claims related to the theatrical release of Moana. Woodall’s legal team indicated they would consider their options moving forward. Disney defended the film as an original creation, rooted in Polynesian mythology.
USPTO Staffing Cuts Threaten Innovation with Growing Patent and Trademark Delays
Takeaway: Workforce reductions and hiring freezes at the USPTO are worsening already long wait times for patents and trademarks, risking delays in innovation and making it harder for startups to protect their intellectual property..
Delays at the U.S. Patent and Trademark Office (USPTO) are worsening as potential workforce reductions by the Department of Government Efficiency (DOGE) threaten to exacerbate an already lengthy backlog. Patent applications currently take nearly 30 months to process, while trademarks require about 10 months.Recent resignations, hiring freezes, and layoffs have further strained operations, with over 837,000 patent applications pending. Despite being self-funded, the USPTO is urged to cut costs, which may reduce efficiency. Commerce Secretary Howard Lutnick has pledged to address the backlog, but planned hiring efforts are on hold. Experts warn that without experienced staff and technological improvements, wait times could increase further, hindering innovation and making it harder for startups to protect intellectual property.
ITC Debates Import Bans for Essential Patents in Amazon-Nokia Case
Takeaway: The ITC’s decision on whether to ban Amazon products for infringing Nokia’s standard-essential patents highlights a broader conflict between protecting patent rights and preventing anticompetitive practices, with potential consequences for innovation, licensing costs, and consumer prices.
The U.S. International Trade Commission (ITC) is evaluating whether to impose an import ban on Amazon products after a judge ruled that the company infringed Nokia’s standard-essential patents for video compression. Tech companies, including HP, Lenovo, and Motorola, argue that such bans should be rare, warning that allowing exclusion orders for essential patents—meant to be licensed on fair, reasonable, and non-discriminatory (RAND) terms—could lead to inflated licensing fees, harm competition, and ultimately increase costs for consumers. In contrast, patent advocates insist that exclusion orders are a necessary enforcement tool to uphold strong intellectual property rights and prevent infringement. The debate reflects broader, longstanding tensions over how standard-essential patents should be enforced, with the ITC set to issue a final decision on Nokia’s case against Amazon by May 14.
Ford Battles Vintage Modern Over Bronco Trademark Rights and Customization Dispute
Takeaway: Ford’s lawsuit against Vintage Modern Inc. over modified Broncos highlights the legal battle between brand protection and aftermarket customization, raising questions about trademark rights, consumer nostalgia, and the limits of intellectual property enforcement.
Ford is suing Vintage Modern Inc., a company that restores and modifies classic Broncos and retrofits newer models to resemble the original, for trademark infringement, false advertising, and unfair competition. Ford argues that Vintage Modern’s alterations mislead consumers and unfairly capitalize on Ford’s Bronco brand, which the company has spent decades building. Vintage Modern counters that Ford abandoned its rights to the Bronco brand during the vehicle’s production hiatus from 1996 to 2020 and claims that any trademark protection Ford holds is no longer valid. The case raises important questions about the balance between nostalgia-driven consumer demand for retro products, the extent of a brand owner’s rights, and the limits of trademark law.
Cislo & Thomas LLP Spotlight
Cislo & Thomas LLP Supports Innovators with -Filer Sites
At Cislo & Thomas, we are dedicated to providing unwavering support to innovators and inventors by offering them the essential tools they need to achieve their business’s intellectual property goals. Our mission is to empower you with the resources that will help safeguard your creative ideas and foster your success in the competitive marketplace.
To further enhance the experience, we are excited to be in the process of integrating AI tools into our Patentfiler, Trademarkfiler, Copyrightfiler, and Tradesecretfiler platforms.
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