Rotek Newsletter November 2026
IP Protection for Startups, Elvis Presley's AI Copyright Lawsuit & Google's Patent Dispute
Introducing the Rotek Law Newsletter
Welcome to the first edition of the Rotek Law Newsletter, a monthly publication covering developments in intellectual property law, legal issues affecting businesses, and news from our firm.
Each edition will examine recent patent, trademark, and copyright matters, alongside practical considerations for entrepreneurs, inventors, and companies managing intellectual property.
This month, we cover a copyright lawsuit involving Elvis Presley's music and artificial intelligence, Google's unsuccessful Supreme Court challenge to a USPTO patent review policy, and four intellectual property considerations for businesses preparing to launch.
Inside Rotek Law
Rotek Law Announces Team Updates and Spring 2027 Law Student Opportunities
Rotek Law established its office in Coral Gables, Florida, in 2026, an important development in the firm's operations.
The firm is also preparing to welcome returning and new law students during the Spring 2027 semester.
Erin Briley Carlin to Return as Law Clerk
Erin Briley Carlin, known as Briley, will return to Rotek Law as a law clerk for the Spring 2027 semester.
Briley is currently serving as a legal intern during Fall 2026, gaining practical experience in intellectual property law while working with the firm's legal team.
Her return will provide an opportunity to continue developing her legal research, writing, and professional skills through direct exposure to the firm's work.
Rotek Law to Welcome St. Thomas University Law Extern
Rotek Law will also welcome a legal extern from St. Thomas University College of Law during Spring 2027.
The placement will take place through the university's Civil Externship Program, which provides law students with opportunities to gain practical experience in professional legal settings.
The extern will work with the firm's legal team and gain exposure to intellectual property matters.
Both opportunities form part of Rotek Law's involvement in legal education and professional development.
Empowering the Next Generation of Innovators
Rotek Law Founder Cristian A. Rodriguez Shares Insights on Intellectual Property at Business Week Miami 2026
On October 28, 2026, Rotek Law Founder Cristian A. Rodriguez participated as a guest speaker at Business Week Miami 2026, an event bringing together students, aspiring entrepreneurs, and business leaders to discuss innovation and entrepreneurship.
During his talk, Cristian discussed the role of intellectual property in building a business, including how protecting inventions, brands, and creative works can help entrepreneurs safeguard what they develop as their businesses grow.
Rotek Law appreciates the opportunity to contribute to conversations about entrepreneurship and intellectual property with Miami's next generation of innovators and business leaders. The firm thanks Maya Isla for the invitation and Business Week Miami for organizing the event.
Learn more about Business Week Miami.
IP News & Developments
Elvis Presley's Songs at the Center of $41 Million AI Copyright Lawsuit
Copyright Law | Artificial Intelligence | October 2026
Elvis Presley's music is at the center of a new federal copyright lawsuit against Anthropic, the company behind the AI chatbot Claude.
On October 23, 2026, copyright owners associated with 274 musical compositions recorded by Presley filed a complaint alleging that Anthropic used copyrighted song lyrics without authorization to train its artificial intelligence models.
The songs identified in the lawsuit include Can't Help Falling in Love, All Shook Up, and Don't Be Cruel.
The plaintiffs also allege that Claude can generate responses containing copyrighted lyrics or material closely resembling the original works. They are seeking at least $41.1 million in statutory damages.
Anthropic has disputed similar copyright allegations in other litigation. The allegations in this case have not been resolved.
Can copyrighted music be used to train AI?
The lawsuit raises a question already being considered in several federal copyright cases: whether using copyrighted material to train artificial intelligence models without permission constitutes infringement or qualifies as fair use.
Copyright owners generally control the reproduction and certain other uses of their protected works, subject to limitations and exceptions under federal law.
AI developers, meanwhile, have raised fair use arguments in disputes involving training data. Whether those arguments succeed depends on the circumstances of each case.
For businesses developing AI technologies, the source of training materials and the terms under which those materials are obtained can create legal risks.
For musicians, publishers, and other creators, the litigation concerns control over copyrighted works and compensation for their use.
The Presley lawsuit remains unresolved, but it is part of a growing body of litigation examining how existing copyright law applies to generative AI.
Further reading: Reuters — Anthropic Sued Over Elvis Songs Used to Train Claude
Copyright Protection and Enforcement
Rotek Law assists businesses and creators with copyright-related matters, including ownership questions, licensing, and infringement disputes.
Supreme Court Declines Google's Challenge to USPTO Patent Review Policy
Patent Law | USPTO | October 2026
Photo reference: Misaochan2 / Wikimedia Commons / CC BY-SA 4.0. Original newsletter attribution: No changes made. Source: Wikimedia Commons. License: CC BY-SA 4.0.
On October 19, 2026, the U.S. Supreme Court declined to hear Google's challenge to a Patent and Trademark Office policy governing certain patent validity reviews.
The dispute arose after Google sought to challenge a software patent owned by VirtaMove, which had accused the technology company of patent infringement.
Google requested an inter partes review (IPR), an administrative proceeding that allows parties to challenge certain issued patent claims before the Patent Trial and Appeal Board (PTAB).
The USPTO denied the request after considering a policy involving a patent owner's settled expectations, which can weigh against reviewing patents that have been in force for several years.
Google argued that the policy placed improper restrictions on patent challenges.
The Supreme Court's refusal to hear the appeal leaves the lower court's decision undisturbed. It does not constitute a ruling on whether the policy itself is lawful.
How does this affect patent owners?
An issued patent can still be challenged after the USPTO grants it.
IPR proceedings allow certain validity questions to be considered through an administrative process rather than exclusively through federal court litigation.
However, the PTAB has discretion to decline review, even when a petition seeks to challenge an issued patent.
The availability of these proceedings can influence litigation strategy, particularly for businesses defending against infringement allegations or patent owners seeking to enforce their rights.
Google's case concerns the procedures available for challenging patent validity, rather than a Supreme Court determination about the underlying invention.
The distinction matters because obtaining a patent, maintaining its validity, and enforcing it against competitors involve different legal considerations.
Further reading:
Patent Applications and Legal Strategy
Rotek Law advises inventors and businesses on patent applications, prosecution, and intellectual property protection.
IP Insight of the Month
Starting a Business? Four Intellectual Property Decisions to Make Before Launch
Startups | New Businesses | Intellectual Property Protection
A business owner chooses a name, invests in a website, orders packaging, and begins marketing a new product.
Then a trademark search reveals that another company already has rights to a confusingly similar name.
Depending on the circumstances, the business may need to rebrand, replace inventory, or respond to an infringement claim.
Trademark conflicts are only one of the intellectual property issues that can arise during the early stages of a business.
Founders may also need to consider patent filing deadlines, ownership of creative work, and agreements with the people developing their products or technology.
These questions are worth addressing before a business makes substantial investments.
1. Trademarks: Research Before You Register
A business name or logo may be one of a company's most recognizable assets. But registering a business entity or purchasing a domain name does not automatically establish trademark rights.
Before investing in branding, a trademark clearance search can help identify existing registered and unregistered marks that may conflict with the proposed name.
Federal trademark registration can provide additional legal benefits, including certain presumptions concerning ownership and nationwide rights, subject to applicable legal requirements.
Learn more about Trademark Protection at Rotek Law.
2. Patents: Consider Filing Before Public Disclosure
Entrepreneurs developing new products, processes, or technical improvements should consider whether patent protection is available before disclosing their inventions publicly.
Public disclosure can affect patent eligibility. Although U.S. law provides limited exceptions for certain disclosures, many foreign jurisdictions apply stricter novelty requirements.
Startups should also distinguish patent protection from freedom to operate.
A patent may protect an invention without giving its owner the right to manufacture or sell a product that infringes another party's patent.
A patentability assessment and a freedom-to-operate analysis serve different purposes, and businesses may need to consider both before commercialization.
Learn more about Patent Protection at Rotek Law.
3. Copyrights: Identify Who Owns the Creative Work
Original photographs, website content, illustrations, advertising materials, and software code may qualify for copyright protection.
Copyright generally arises automatically when an eligible original work is fixed in a tangible medium. Registration, however, provides important benefits when enforcing those rights.
Businesses should also consider whether they own the work created for them, particularly when hiring outside photographers, designers, or developers.
Learn more about Copyright Protection at Rotek Law.
4. Ownership Agreements: Document IP Rights Early
Hiring a contractor to design a logo or develop software does not necessarily transfer ownership of the resulting intellectual property.
Without appropriate agreements, disputes may arise over who owns the work, how it can be used, or whether the contractor retains certain rights.
Written contracts can clarify assignments, confidentiality obligations, permitted uses, and the ownership of intellectual property created during a project.
These arrangements may become especially important when a startup seeks investment, licenses its technology, or prepares for a sale.
Where should a new business begin?
Not every startup needs the same intellectual property protections.
A software company may have different concerns from a consumer product manufacturer or an online retailer. The appropriate approach depends on the company's products, branding, technology, business plans, and available resources.
Rotek Law works with entrepreneurs, inventors, and growing businesses on trademark searches and registration, patent applications, copyright matters, and intellectual property ownership.
Reviewing these issues during the early stages of a business can help founders identify potential conflicts and make more informed decisions about protecting their assets.
Intellectual Property Services for Startups and New Businesses
Launching a company involves more than registering a business name. Understanding which intellectual property rights may apply can help founders plan before bringing their products or services to market.
Upcoming Issues of the Rotek Law Newsletter
Future editions will continue covering developments in patent, trademark, and copyright law, including significant court decisions, USPTO developments, and legal issues affecting businesses.
We'll also publish articles on intellectual property planning, protection, and enforcement, alongside news and announcements from Rotek Law.
The newsletter will be published monthly, with the next edition scheduled for December 2026.
Thank you for reading our first issue.
The Rotek Law Team
Contact Rotek Law
For questions about patents, trademarks, copyrights, or other intellectual property matters, contact our team or visit our website to learn more about our services.
Rotek Law, P.A.
95 Merrick Way, 3rd FloorCoral Gables, FL 33134
Phone: (305) 731-2593 | Website: www.roteklaw.com
Disclaimer
This newsletter is intended for general informational purposes only and does not constitute legal advice. The recipient of this publication does not establish an attorney-client relationship. Legal developments and procedural requirements may change.
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