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The Court’s 33-page order thoroughly analyzed the trademark dispute between BLUE SKY MD, a weight loss and hormone therapy clinic, and our client, PARDEE BLUEMD, a primary care provider network that is part of the Pardee Hospital system. The Court found that while the plaintiffs owned a valid trademark, they failed to demonstrate a likelihood of confusion between the marks – the central element required for trademark infringement. Chief Judge Martin Reidinger thoroughly evaluated the relevant factors, concluding that the BLUE SKY MD mark was relatively weak, the marks were dissimilar in appearance and context, and there was insufficient evidence of actual consumer confusion.

Particularly notable was the Court’s analysis of the evidence of alleged confusion. The Court determined that most of the plaintiffs’ evidence consisted of inadmissible hearsay or reflected only de minimis confusion that was quickly dispelled. The Court emphasized that the parties’ services differed significantly – with BLUE SKY MD primarily offering weight loss and hormone therapy while PARDEE BLUEMD provided comprehensive primary care as part of a nonprofit hospital system.

Winning on summary judgment in trademark cases is relatively rare for defendants. The stringent multi-factor test for trademark infringement typically creates factual issues that courts prefer to resolve at trial, making the victory for our clients at this stage particularly significant. We are extremely pleased by this result for our clients.

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We’re thrilled to welcome Matthew Blewitt to the Morningstar Law Group team! As a seasoned commercial litigation attorney in Raleigh, Matthew brings a wealth of experience and a client-centered approach to every case. His dedication to achieving favorable outcomes for clients, from Fortune 500 companies to local businesses, makes him a valuable addition to our firm. Welcome, Matthew!

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John then lays out the many difficulties courts and IP owners may encounter applying existing copyright law to generative AI. He walks through the recent history of generative AI lawsuits focused on training AI models and how even more recent cases have centered on claims related to outputs. In this sharply articulated work, John not only leans into case law germane to AI and copyright but examines current USPTO rulings and how these rulings may transition the protection of copyrights into the world of private enforcement. The article is a must-read for anyone in the AI space.

Click HERE to download a copy.

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Congratulations to our colleagues selected by their peers to Business North Carolina’s Legal Elite 2024! Pictured left to right, top to bottom: Chris Graebe, Litigation; Will Graebe, Young Guns; Shannon Joseph, Litigation; Gene Jones, Business; John Kivus, Intellectual; Molly Stuart, Real Estate; and Jennifer Van Doren, Intellectual.

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John Kivus, Morningstar Law Group partner focusing on IP and software litigation, will be among the featured panel of experts at the North Carolina Journal of Law and Technology (JOLT) annual symposium on January 26th. Co-sponsored by the UNC Graduate and Professional Student Government, the discussion will center around Reframing IP Rights in the AI Age. John will focus his remarks on copyright enforcement and the inherent risks for intellectual property owners in the failure to modernize copyright law in the expanding age of artificial intelligence.

A focused voice for his clients in software litigation and IP, John manages client trademark and copyright portfolios and ensures their IP rights are enforced and secure. He also prepares copyright and trademark registrations and renewals in jurisdictions where his clients are active or anticipating doing business and takes a special interest in the growing influence of AI in the intellectual property space.

The JOLT symposium will be held from 9:00 am to 1:00 pm (schedule below) on the 26th in room 5042 of the UNC Law School and will include lunch following the panel. You can RSVP using the QR code in the flyer (below) or via the following link: https://form.jotform.com/233547717267162.

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The post Morningstar Law Group Attorneys Team Up with Local Firm, State AG, and UNC NC to Reverse NCAA’s Eligibility Decision appeared first on Morningstar Law Group.

Hosting yesterday’s Lunch and Learn for our local Association of Corporate Counsel chapter (RTAC ACC) was a pleasure and honor. 70+ in-house counsel were present for Update: Avoiding and Managing Allegations of Corporate Misconduct presented by attorneys Amie Carmack, Ben Martie, and Swain Wood. Also on the panel of presenters were RTAC ACC members Diana Allen and Kristen Oberg.

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Join us in welcoming Kenzie Rakes to Morningstar Law Group! Kenzie brings with her a wealth of knowledge and experience, having previously worked at the esteemed North Carolina Department of Justice. Her impressive background and dedication to the legal field make her an invaluable addition to our team. Kenzie joins our talented Litigation and Government Investigations, Negotiation, and Litigation practice groups and will work from our Raleigh office.

“Kenzie is an exceptionally strong addition to our Government Investigations, Negotiation, and Litigation team. She is a highly effective team player and leader who has successfully handled significant government-related disputes and litigation at all levels of the court system.” said Morningstar Law Group partner and former First Assistant Attorney General of North Carolina Swain Wood.

Learn more about Kenzie, her experience, and her practice at Morningstar Law Group HERE.

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