Milgrom & Daskam Blog

Artificial Intelligence

Trademark Trouble in the Age of Generative AI: When AI Outputs Create IP Liability

Generative AI systems can now produce sophisticated images, videos, text, and audio in seconds. But as these systems improve, they increasingly raise a difficult legal question: what happens when an AI model generates content containing someone else’s intellectual property – especially recognizable brands, logos, or fictional characters?

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Intellectual Property

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another mark, i.e., whether consumers would confuse the goods and/or services provided under the respective marks as coming from the same source.

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Health Law

SB 25-041 Concerning Consumer Protections in Transactions Involving Medical Care Entities.

Colorado’s 2026 legislative session is now underway, with several key bills introduced affecting healthcare providers and facilities. One bill that should be top of mind for healthcare stakeholders is SB 26‑041, concerning Consumer Protections in Transactions Involving Medical Care Entities (“SB 41”). If passed, SB 41 would have substantial impacts upon Colorado’s healthcare transaction landscape.

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Emerging Technologies

Law Firms Are Not Dead Yet! (But the billable hour might be close)

Almost three years ago, I wrote a blog post for our firm entitled “Will Artificial Intelligence Kill All the Lawyers?” The premise of the post was that, for more than ten years at the time (now thirteen), lawyers were considered the most likely endangered species from advances in artificial intelligence. Given the increasing discussion about AI today, the time seems right to revisit that original prediction.

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Real Estate Law

Protecting Small Property Owners from Long-Term Exposure

Owning a small retail property is often more “hands-on” than many landlords anticipate. When leasing to first-time business owners, you are not just a landlord; you are often an educator. Explaining NNN pass-throughs, common area maintenance (CAM), and usage rights takes time—and if handled poorly, it creates a recipe for future disputes.

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Entrepreneur & Startup

Building and Maintaining the Right Team

Building the right team is one of the most important factors in any organization’s long-term success. At the core of this idea is a principle highlighted by Jim Collins in his classic book Good to Great: it’s not just about having people on the bus—it’s about making sure you have the right people on the bus and that they are in the right seats.

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Real Estate Law

Party Wall Agreements and Townhome Declarations: Key Issues to Watch Out for When Drafting

A Party Wall Agreement is a legal arrangement between two property owners who share a common wall, typically in townhouses or semi-detached home. This agreement outlines the responsibilities, rights, and obligations of each party in relation to the shared wall, including maintenance, repairs, and any potential alterations. It ensures that both owners are aware of their duties, helps prevent disputes, and provides a clear framework for handling issues related to the wall, whether it’s structural damage, renovation, or access for repairs.

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