MarkIt to Market® – October 2026

Welcome to the quarterly issue of Sterne Kessler’s MarkIt to Market® newsletter, featuring recent developments in brand protection and emerging issues impacting trademark and copyright owners.

Sterne Kessler’s Trademark & Brand Protection practice helps companies of all sizes build, protect, and strengthen brands worldwide. This dynamic area of intellectual property law is constantly evolving, and our quarterly updates keep you informed of the latest trends and key decisions.

Thanks for your readership. If there is something you would like us to cover, please don’t hesitate to reach out to us and let us know!

Kind regards,

Monica Riva Talley

In this Issue:

• Part 2: The Look Is the Brand — Trade Dress Protection in the Dupe Era
• Part 3: When Ornamental Becomes Actionable — Design Patents in the Dupe Era
• The DOJ Chimes in on Fair Use and AI
• Ninth Circuit Rejects DMCA Attribution Claims Against Generative AI Outputs
• Transformative Means More Than “Powered by AI”