AI Litigation, Right of Publicity David Sergenian AI Litigation, Right of Publicity David Sergenian

Grammarly’s “Expert Review” Turned Real Writers Into Unpaid AI Endorsers

Grammarly’s “Expert Review” feature used the names of hundreds of real writers to sell AI-generated editing advice, without obtaining consent. A class action complaint in the Southern District of New York frames the case not as a copyright dispute, but as a straightforward violation of century-old right-of-publicity laws.

Read More
Trademark Litigation, AI Litigation David Sergenian Trademark Litigation, AI Litigation David Sergenian

OpenAI Learns That “Cameo” Is Not a Generic Term

A federal court in the Northern District of California has enjoined OpenAI from using the name “Cameo” for a feature on its Sora video-generation application, finding that the celebrity video marketplace Cameo is likely to succeed on its trademark infringement claim. The ruling applies established trademark doctrine to AI feature branding and rejects OpenAI’s argument that “cameo” is merely descriptive.

Read More
Trade Secrets Litigation, AI Litigation David Sergenian Trade Secrets Litigation, AI Litigation David Sergenian

When Winning the Battle Risks Losing the War: xAI’s Trade Secret Case Against OpenAI Dismissed

The ruling underscores that no matter how egregious an employee’s conduct, a trade secret claim under the Defend Trade Secrets Act (“DTSA”) requires allegations that the defendant acquired, induced, or used the stolen information, not just that it hired the people who took it.

Read More
AI Litigation, Privilege David Sergenian AI Litigation, Privilege David Sergenian

Federal Court Rules that a Litigant’s AI Materials Are Protected Work Product

A federal magistrate judge in Michigan ruled that a pro se plaintiff’s AI-generated litigation materials are protected by the work product doctrine, and that using ChatGPT does not waive that protection. The decision creates a direct split with the Southern District of New York’s ruling in United States v. Heppner on the same issue, issued on the very same day.

Read More