Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 23, Issue 15
Share on Social
Ready Attorney One
I have a prediction: in the next year, expect a Netflix series lampooning Apple’s Vision Pro and ChatGPT-fumbling legal research together.
The announcement of Apple’s new spatial computing headset (available early 2024) and recent news of an attorney affidavit admitting reliance on a fake court case produced by ChatGPT (links above) together conjure a strange mix of reactions.
On the one hand, it feels like sci-fi coming to reality—Tony Stark and his spatial display computers combined with Stark’s generative AI assistant, F.R.I.D.A.Y.: Female Replacement Intelligent Digital Assistant Youth (successor to J.A.R.V.I.S.).
On the other hand, it evokes expectations of less elegant outcomes, a mixture of large language model overreliance and spatial computing gone awry. The kind of goofball future state Mel Brooks could spoof with an 80-minute film titled Ready Attorney One: Fake Cases, Real Games starring Rick Moranis as Phony Spark, Esquire, easily befuddled and overfond of his VR headset and AI-provided false knowledge as he blunders his way through a virtual reality future, one legal gaffe after another, and complete with a virtual briefcase secured by the combination 1-2-3-4-5.
But give the Vision Pro a bit of time after its release and another year of GPT tech advances, and that silly-sounding film might be based on real events. Like the kind we’ve seen already with ChatGPT’s ignominious misuse when it was relied upon to provide case law citations. It did provide a case as directed, but it made it up, as it does so well by design. ChatGPT was made to predict the next word in a sequence, not to conduct authoritative research, so the lawyer-user in that scenario asked and ChatGPT answered.
Perhaps these technologies have us headed for a dystopian future, like the one depicted in Ready Player One where escape into a digital universe is the standard lifestyle. Or maybe the new tech is sending us toward a foible-filled future like the fictitious Rick Moranis-starring film hypothetically suggested above.
A more optimistic outlook, in the legal context—for clients and their attorneys alike—might be this: lawyers and clients donning the Apple spatial computer headsets, collaboratively gesturing this augmented reality headwear to draft contracts on live video calls using GPT-based software trained on libraries of prior agreements (not ChatGPT). Clients and attorneys see these real-time drafts composed and revised live on the spot, and in a visually impressive and expansive view, surely accompanied by aesthetically pleasing, optically relaxing, and intuitive user displays of the AI-generated, client-desired, and lawyer-vetted content.
The guardrails to prevent this future state from going awry? First, closed network access to prevent disclosure of client confidences. Second, all AI suggestions are attorney-ratified to prevent bad suggestions from getting through. And third, as the attorney works in the platform, future AI suggestions are updated based on the attorney’s past work, re-training the AI continually.
Clients will appreciate the cost efficiency, lawyers the impressive user simplicity, and both will benefit from shifting even more of the lawyers’ time to guidance and counsel, and away from time as a typist and drafter.
Less costly and more advice? Now, that future seems a little less Phony Spark and a little more Tony Stark.
While this vision of a real-life Ready Attorney One world—not the Brooks-ish spoof kind but the live drafting-with-clients kind—may seem fanciful now, developments in the tech world are already pushing toward that future. In the legal field, we are seeing many new GPT-leveraging software applications including in the Intellectual Property space for patent claim drafting.
The volume of creativity, intellectual property, and intellectual capital that will be built on these breakthroughs will be a joy to watch unfold.
Ready Attorney One? This one is ready.
Alexander JSW Johnson is an attorney at Fishman Stewart with more than 10 years of extensive experience in trademark and intellectual property matters. He works in the firm’s Trademark Practice Group. He holds a B.A. in Art (studio emphasis) and Journalism. Check out his full bio here.
This week’s accolade highlights Lily Barash, who recently completed her first year at Benjamin N. Cardozo School of Law in New York City. We welcome Lily as a full-time law clerk with Fishman Stewart this summer and her continued clerkship as she heads into her second year. Moreover, Lily was just appointed as an Editor of the Cardozo International and Comparative Law Review. Congratulations Lily!
Related Content from Fishman Stewart
Momofuku, founded by celebrity chef David Chang, is well known for its crunchy, peppery, and umami-flavored condiment, CHILI CRUNCH. Momofuku acquired rights in the trademark after a dispute with Chile Colonial over the name and subsequently sought to enforce its rights in CHILI CRUNCH against purported infringers using the same term for competing products.
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
How will you be celebrating World IP Day on April 26th? Finny will be swimming around the world testing the cleanliness of our waters and visiting his friends under the sea because this year’s topic is “Sustainable Development Goals” (or “SDGs” for short).
Climate change has increasingly dominated daily news cycles, signaling a growing urgency for action. The escalation of temperatures during the hottest months serves as a stark reminder of the immediate need for solutions.
President Donald Trump recently began promoting a brand-new pair of limited edition sneakers for sale bearing a T logo, American flag design, gold upper, and red sole bottom. Surprisingly, the Never Surrender High-Tops bear a striking resemblance to these high-end fashion sneakers manufactured and sold by famous footwear designer Christian Louboutin.
The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®