2026 – IP Law Watch

Questions to AI Models May Be Discoverable

Feb 25 2026

On 17 February 2026 in U.S. v. Heppner, 1:25-cr-503 (S.D.N.Y., Feb. 17, 2026), Judge Rakoff held that a defendant’s written exchanges with a public generative AI platform were not protected by the attorney-client privilege or the work product doctrine. The Government had seized approximately thirty-one documents memorializing the defendant’s interactions with the public platform. Defense counsel asserted privilege because the inputs included attorney-learned information, were created to facilitate consultations with counsel, and were later shared with counsel.

Oh My Word(le), New York Times Succeeds in Invalidating UK WORDLE Trade Mark Without a UK Trade Mark of Its Own

Feb 24 2026

A significant risk that brands fear is that others may file their trade mark first in a new market, as most trade mark systems operate under a ‘first to file’ approach. Brands can therefore be comforted by the UK Intellectual Property Office’s (UKIPO) invalidation of a third party’s trade mark despite there being no earlier registered mark in the UK.

Social Media Misuse—A Cautionary Tale

Jan 29 2026

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts.

Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia

Jan 20 2026

The High Court of Australia has allowed Bed Bath ‘N’ Table Pty Ltd’s (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).¹

The key takeaway for businesses is that a finding against trade mark infringement does not prevent liability under the Australian Consumer Law (ACL).

PTAB Reinforces Preference for PGR

Jan 14 2026

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.

Archive:2026