For U.S. businesses that own registered trademarks or original creative works, 2023 brought several developments worth tracking. Shifts in enforcement priorities, court interpretations, and international agreements are affecting how intellectual property is protected and challenged, both domestically and abroad.
The intellectual property attorneys at Mandelbaum Barrett PC advise businesses and entrepreneurs on trademark registration, copyright protection, and IP enforcement strategy. Here are three key areas that U.S. copyright and trademark owners should have on their radar for 2023.
1. The INTA Annual Meeting Highlighted Evolving Global Trademark Strategy
The International Trademark Association (INTA) Annual Meeting draws thousands of trademark practitioners and brand owners from around the world to discuss developments in trademark law, enforcement, and strategy. The 2023 meeting reflected growing attention to how businesses protect their marks across multiple jurisdictions simultaneously.
For U.S. trademark owners with international operations or ambitions, the coordination between domestic registrations and global protection through mechanisms like the Madrid Protocol has become increasingly important. A registration in the U.S. can serve as the basis for international applications, but the specifics of how other countries handle trademark conflicts vary significantly and require active monitoring.
2. AI-Generated Works and Copyright Eligibility
The U.S. Copyright Office has addressed the question of whether works generated by artificial intelligence can be protected under copyright law, and the answer has been largely no, where human authorship is absent. Copyright protection requires an author, and the Copyright Office has consistently held that works created entirely by AI without sufficient human creative input do not qualify for registration.
According to the U.S. Copyright Office, the human authorship requirement is central to copyright protection. For businesses developing AI-assisted content, art, or design, understanding where the line falls between protectable human creativity and unprotectable AI output is essential to building an IP portfolio with actual legal value.
3. Trademark Enforcement: Calibration Matters
Brand owners are sometimes tempted to send cease-and-desist letters broadly in response to any perceived similarity to their marks. Aggressive trademark enforcement against small businesses or individuals with clearly different target markets has drawn increased scrutiny, and the practice can backfire.
Overreach in trademark enforcement can create legal problems if the targeted party challenges the mark’s validity or if the enforcement activity is seen as an attempt to suppress fair use or nominative use. Well-calibrated enforcement focuses on uses that actually create confusion in the marketplace rather than any use that contains a similar string of words or visual element.
Building a Stronger IP Strategy in 2023 and Beyond
The common thread across these developments is the need for active management of intellectual property assets. Registered trademarks require maintenance, monitoring, and enforcement decisions. Copyrights require clear records of human authorship, particularly as AI tools become more prevalent in creative workflows. International trademark protection requires strategic planning about which markets matter most.
A well-structured IP strategy considers both offensive protection (registrations, monitoring, enforcement) and defensive positioning (clearance searches, fair use policies, licensing structures). Businesses that treat their IP portfolio as a living asset rather than a one-time filing tend to be better positioned when conflicts arise.
Contact Mandelbaum Barrett PC for Intellectual Property Guidance
Whether you are protecting a brand, navigating a copyright dispute, or building an IP portfolio for a growing business, the intellectual property attorneys at Mandelbaum Barrett PC can help. Our team works with businesses of all sizes on trademark and copyright matters in New Jersey, New York, and beyond.
Reach out through our contact page to speak with a member of our IP team. We are here to help you protect what you have built.