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When Your Expert Uses AI, the Prompts Are Fair Game: Reading the CLF v. Shell Order
Can AI prompts used by an expert witness be discovered? A recent federal court order suggests they can. Explore the implications of CLF v. Shell for AI-assisted expert testimony and litigation strategy.

Josh Waterston
Jun 3


As AI Risk Shifts to Customers, Contracts Matter More Than Ever
AI vendors are narrowing indemnities. And businesses adopting AI tools are increasingly retaining risks that vendors once absorbed. When it comes to AI tools, the standard SaaS contracting playbook doesn’t work.

Josh Waterston
May 21


Colorado Just Rewrote Its AI Law. Here's What Changed.
Colorado’s SB 26-189, signed May 14, replaces the state’s original AI law with a notice-based framework. What survived, what didn’t, and what it signals.

Josh Waterston
May 15


Wilftek attorney quoted in Technical.ly article on human-centered AI in the workplace
Kommunity.app founder Amaury Abreu wrote in Technical.ly, making a strong case that AI adoption only works when people come first. And he was kind enough to quote me in the article. “Generative AI can analyze and summarize data efficiently, and usually accurately. But it can’t replace human interaction and understanding.”

Josh Waterston
Dec 23, 2025


First AI copyright infringement settlements - both within a week: Anthropic and Eleven Labs avoid risking billion-dollar valuations.
The first two AI copyright cases have just settled: Vacker v. Eleven Labs and Bartz v. Anthropic. Both faced allegations of blatant infringement, reputational fallout, and billion-dollar valuations at risk.
With 46 more cases still pending, these early settlements could reshape how courts and companies handle AI copyright disputes.

Josh Waterston
Aug 28, 2025


Judge: Meta Wins but Transformative Element of Fair Use Doesn't Outweigh Market Impact
Meta just won an early skirmish in the battle over whether AI training is fair use - but AI companies may end up losing overall if they focus on only the transformative element of copyright law's fair use test without addressing the market impact.

Josh Waterston
Jun 26, 2025


This is Not Mocha Mousse
The color you’re seeing in this image may look like Pantone’s 2025 Color of the Year, Mocha Mousse. It might even share the same hexadecimal value, straight from Pantone’s official Connect platform. But it’s not Mocha Mousse.
Why not?
Because unless you’ve licensed Pantone’s color system, or are using tools that have, you can’t officially use that color in design work. And for businesses, that distinction matters.

Josh Waterston
Apr 18, 2025


This Week in AI (February 14 – 20)
In this week's update: the rise of Deep Research, the fall of the Humane AI Pin, humanoid robots, and more.

Wilftek
Feb 21, 2025


This Week in AI (February 7 – 13)
Major Developments in Copyright Companies are Raising More Funds Diverging Visions for the Future and much more... Copyrights Granted for AI-Generated Works In a first (and second) this week, the US Copyright Office has granted protection to two AI-generated works: "A Single Piece of American Cheese" and "A Collection of Objects Which Do Not Exist.” “A Single Piece of American Cheese” was prepared as a test-case by creators of a tool called Invoke AI (including CEO and artis

Wilftek
Feb 14, 2025


This Week in AI (January 31 to February 6)
Agents take center stage Anthropic's jailbreak challenge OpenAI's rebrand Co-founders shuffle and more OpenAI Rebrands with a New Font and Trademark Filing Earlier this week, OpenAI announced that it is rebranding, and not just with a new logo and typeface. The company filed an intent-to-use trademark application last Friday (Serial Number 99025123) with its house mark in a fresh new typeface aptly titled "OpenAI Sans," with the application noting that the company plans to ex

Wilftek
Feb 7, 2025


This Week in AI: America's tech leaders speak on DeepSeek, the US Copyright Office publishes part two of its AI report, and more
America's AI leaders speak about DeepSeek. Did DeepSeek steal from OpenAI? OpenAI releases its o3-mini models. The US Copyright Office publishes part 2 of its report on AI. After DeepSeek's entry into the market wiped out over $600 billion in market cap from Nvidia and another several hundred billion from other AI companies, AI leadership from America's tech industry are making their voices heard. On social media this week, venture capital giant Marc Andreessen said: "Deepsee

Wilftek
Jan 31, 2025


This Week in AI: the United States and China vie for dominance
It’s been a big week for pushing forward the Artificial General Intelligence (AGI) race between world powers. Here are the highlights: The Stargate Project: America's answer to acceleration abroad. In its first few days, the second Trump administration, along with leaders from private industry, announced a $500 billion initiative called the Stargate Project. This partnership between OpenAI, Oracle, Softbank, MGX, Microsoft, Arm, and Nvidia will focus on private-sector investm

Wilftek
Jan 24, 2025


Perplexity AI Lawsuit: RAG Systems and the Fight Over Copyright and Trademark
Dow Jones & NYP Holdings have filed a lawsuit against Perplexity AI, alleging massive copyright infringement and trademark dilution.

Wilftek
Oct 23, 2024


The Sound of Litigation: Major Labels Take on AI Music Generators (excerpt from IPWatchdog)
The rise of artificial intelligence (AI) in the music industry has brought about a complex and contentious landscape where innovation ...

Wilftek
Jul 3, 2024


Wilftek Attorney Quoted in World Trademark Review Article About AI Disclosure Bill
Wilftek attorney Lewis Sorokin was quoted in a World Trademark Review article about a new AI disclosure bill proposed in Congress. The bill would require artificial intelligence developers to disclose which materials the technology was trained on. The article is behind a paywall, but limited free subscriptions are available. "However, for some, the US act – as currently envisioned – does not go far enough to protect IP rights. 'I have mixed feelings,' says Lewis Sorokin, an a

Wilftek
Apr 11, 2024


USPTO AI Guidance for Lawyers: You can use AI - but don't blame it for your mistakes.
Today, the USPTO issued its new guidance on using AI. This is for lawyers and others who practice before the patent and trademark office,...

Josh Waterston
Apr 10, 2024


Nintendo v. Yuzu: an encryption and emulation melee
Nintendo of America has sued Tropic Haze LLC, the makers of a popular Nintendo Switch emulator called Yuzu, alleging that they are engaging in circumvention of the Digital Millenium Copyright Act (DMCA) and facilitating piracy. The complaint, filed in the United States District Court for the District of Rhode Island, alleges Trafficking in Circumvention Technology under three different sections of the DMCA, and both direct and indirect liability for infringement of Nintendo’s

Wilftek
Feb 28, 2024


The King is Dead - Long Live the King
What happens when you depend on a platform or device and the company behind it moves on without you? Google is retiring the Bard name and...

Josh Waterston
Feb 8, 2024


Lessons From Litigation Over Trucking Software
Trucking software company Samsara sued rival Motive. This article discusses issues that face every technology company...

Fred Wilf
Jan 25, 2024


Logan Paul buys back CryptoZoo NFTs and cross-sues founders
by Lewis Sorokin In a post on X (formerly Twitter) today, Logan Paul announced that he will be buying back CryptoZoo NFTs, and that he has filed a cross-claim against the CryptoZoo team for fraud. Unfortunately, there are a lot of scammers in web3. One would hope that somebody as high profile as Logan Paul would vet out the people he works with better, but the filing of this answer and crossclaim paints a picture that he relied mainly on personal referrals and recommendations

Wilftek
Jan 6, 2024
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