On-Line Platform Liability for Third-Party Trademark Infringement
Bradley Shigezawa
Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms.  However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities by third parties, whether and to what extent platforms must search for and actively police product listings, and requirements for soliciting and responding to trademark-related takedown requests. While the Digital Millennium Copyright Act of 1998 (“DMCA”), provides guidance on a platform’s liability for copyright infringement and service providers have terms of use governing user generated content and conduct occurring on platforms, a platform’s liability for trademark infringement is often fact-specific. This article summarizes important aspects in the current landscape of platform trademark liability.
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International Patent Filing Considerations for Startups: For U.S. startups, deciding where to file for international patent protection is a critical business decision that must be made within the strict 12-month deadline following a U.S. filing. The two primary paths are direct national filing, which is faster but has higher upfront costs, and filing under the Patent Cooperation Treaty (PCT), which defers costs and provides more time for strategic planning but delays the patent grant. The optimal strategy should be driven by commercial factors, such as the location of markets, competitors, and manufacturing, rather than just raw filing statistics. Christopher Palermo wrote about this development here: "International Patent Filing Considerations for Startups."

Patent Application Prosecution Timeline: What Startup Leaders Need to Know: Startup leaders should understand the timeline for patent prosecution to align their IP strategy with business milestones like funding and product launches. Under the standard examination process, obtaining a patent from the USPTO typically takes 18 to 36 months. For startups needing faster protection, the Track One Prioritized Examination program can significantly shorten this timeline, often resulting in a patent grant within 12 to 18 months, though it requires an additional fee. This accelerated path is valuable when speed is critical, but it requires focused claims and prompt responses to the examiner. Christopher Palermo writes more about this here: "Patent Application Prosecution Timeline: What Startup Leaders Need to Know."

CJEU Clarifies Requirements and Definition of Pseudonymisation: A recent ruling from the Court of Justice of the European Union (CJEU) has significant implications for companies processing data under the GDPR, particularly those using large datasets for AI. The Court clarified that pseudonymisation does not automatically render data anonymous. Crucially, when determining if data is "personal," the assessment must be made from the perspective of the original data controller. This means controllers must inform individuals of all potential data recipients at the time of collection, even if the data is pseudonymised before being shared. The decision reinforces that organizations cannot assume pseudonymisation alone removes a dataset from the scope of GDPR. Nick Palmieri writes more about this development here: "CJEU Clarifies Requirements and Definition of Pseudonymisation."

AI Counsel Code Podcast
In the episode, "Data in AI Development with Nicole Spence," Maggie Welsh speaks with Nicole Spence, Brand Counsel for Generative AI Tools at IBM. They discuss data concerns, including the critical importance of data privacy, data quality, and bias mitigation. The discussion also highlights current and emerging legal frameworks around intellectual property rights. Listen to the full episode here.

In the episode, "Lessons for Truthful AI Advertising," Maggie Welsh and Julie Albert expose “AI washing”—overstated or misleading AI marketing—and how the FTC, SEC, and NAD are ramping up enforcement. Drawing lessons from greenwashing, they unpack real risks, common red flags, and what regulators expect. Julie shares a compliance-ready framework to make truthful, substantiated AI claims that build trust, showcase real capabilities, and avoid penalties or competitor challenges. Listen to the full episode here.

September 2025 Intellectual Property Report Recap
In case you missed it, here is a link to our September 2025 Intellectual Property Report.

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