How Generative AI Implicates Traditional Intellectual Property Categories, Such as Trademark, Copyright, and Trade Secrets

Jennifer A. Kenedy | Locke Lord LLP

Jennifer Kenedy is a Vice Chair of Locke Lord’s Executive Committee. She was Managing Partner of the Chicago Office from 2010-2018. She concentrates her practice on commercial litigation, including trade secret misappropriation and other intellectual property litigation, contractual disputes, employer restrictive covenant counseling and litigation, catastrophic product liability, labor and employment and real estate litigation.

Jennifer mediates, arbitrates and tries cases on behalf of clients nationwide. Her focus is on counseling clients to avoid the courtroom but, when court cannot be avoided, she brings substantial courtroom experience to significant matters for clients in the financial services, insurance, consumer product/retail, manufacturing, transportation, governmental/quasi-governmental, health care and food/beverage industries.

Jorden Rutledge | Locke Lord LLP

Jorden Rutledge focuses his practice on commercial disputes. He represents real estate, manufacturing, health care and tech companies in all stages of litigation and arbitration. Jorden has also written on artificial intelligence and intellectual property matters.

Previously, Jorden was a Judicial Clerk for Judge Kendall Newman and Judge Carolyn Delaney in the U.S. District Court for the Eastern District of California. He was also a Judicial Clerk for Judge Lisa Page and Judge James Dowd of the Missouri Court of Appeals, Eastern District.

I. Generative AI and copyright | 12:00pm – 12:10pm

• Fair use, SCOTUS’s Warhol decision and what it means for generative AI

II. IP implications for end-users vs creators of generative AI tools | 12:10pm – 12:20pm

• Recent generative AI case updates

III. How to protect trade secrets utilized as inputs into generative AI or created in outputs from generative AI | 12:20pm – 12:30pm

IV. How to protect a company’s site/information from being scraped to train generative AI tools | 12:30pm – 12:40pm

V. How human-created works vs AI-created works will likely be treated differently under IP law | 12:40pm – 12:50pm

VI. Other IP rights implicated – Right of Publicity | 12:50pm – 1:00pm