Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. As such, this ruling is not deemed pertinent as a precedent for the application of the first sale doctrine in relation to NFTs.

Artwork 98

Artwork Contracts Ownership IP 98

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Binance appeared first on Technology & Marketing Law Blog. First Amendment.

Privacy 126

Privacy Law Contracts Designs 126

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Breach of Contract 2. Thus, the Points Guy.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Portability as a Consumer Contract Remedy. What is portability in the first place, and what does it mean in European law?

IP 94

IP Contracts Social Media Copying 94

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. On this prompt, Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Technology & Marketing Law Blog

DECEMBER 26, 2023

” The mere operation of a website with later follow-up for price quotes, contract execution, and installation insufficiently establishes qualification.” .] * Palmer v. Savoy, 2021 N.C. LEXIS 236 (N.C. Superior Ct. July 28, 2021). ” * Doe v. ” [This is obviously wrong.] * Cono v. Facebook, 2021 Cal. LEXIS 80089 (Cal.

Publishing 86

Publishing Law Marketing Marketing 86

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Kluwer Copyright Blog

JANUARY 9, 2023

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Garrix had entered into a record production contract with the label at a very young age.

Copyright 95

Copyright Blogging Fair Use Reporting 95

LexBlog IP

JANUARY 19, 2022

In April 2014 Foro contacted Vita through the generic contact form on Vita’s website to discuss building a deployment wheel for Foro’s laser, which it marketed as a multiconductor cutting tool. Vita’s conceptual design was therefore readily ascertainable by proper means, and every feature was visually observable. Code §§ 134A.001

Patent 52

Patent Designs Design Confidentiality 52

Trading Secrets

JANUARY 19, 2022

In April 2014 Foro contacted Vita through the generic contact form on Vita’s website to discuss building a deployment wheel for Foro’s laser, which it marketed as a multiconductor cutting tool. Vita’s conceptual design was therefore readily ascertainable by proper means, and every feature was visually observable. Code §§ 134A.001

Patent 52

Patent Designs Design Confidentiality 52

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 110

Copyright Law Copyright Law Art 110

Patently-O

MARCH 26, 2024

Brady for an improved dredge boat design. It found that Brady’s claimed arrangement would have been obvious to any skilled engineer tasked with designing a dredge boat, given the existing knowledge in the field. .” As discussed below, I believe the case also provides some early insight into the new AI inventorship dilemma.

Invention 58

Invention Art Patent Designs 58

LexBlog IP

DECEMBER 30, 2022

In July, we reported that Katherine Vidal, the Undersecretary of Commerce for Intellectual Property and Director of the USPTO, published a letter summarizing several initiatives designed in collaboration with the FDA to “get[] generic, biosimilars and more affordable versions of [] drugs into the hands of Americans.”

Reporting 52

Reporting Patent Application Intellectual Property Marketing 52

Garrigues Blog

MARCH 1, 2022

These amendments introduced important changes to legal regulations on geographical indications ( GIs ) and designations of origin (PDOs) of certain alcoholic beverages. This instrument will enable all the contracting parties to benefit from rapid, high-level and indefinite protection through a single registration.

Intellectual Property 98

Intellectual Property Registration Contracts Blogging 98

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

Registration 112

Registration Fair Use Copyright Designs 112

43(B)log

NOVEMBER 28, 2022

Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.” Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

APRIL 26, 2023

SBIR PRogram Benefits The SBIR program is designed to support small businesses in bringing innovative technologies to the market by funding research and development activities. This may involve pursuing additional funding opportunities, partnering with other organizations, or marketing the technology.

Business 52

Business Intellectual Property Technology Ownership 52

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change. Developing Initiatives.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change. Developing Initiatives.

Contracts 52

Contracts Government Law Marketing 52

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple claimed it designed the system to reduce the privacy invasion, but Apple could not guarantee that (1) governments wouldn’t compel Apple to do client-side scanning for the government’s benefit, or (2) the compelled scanning would only target CSAM. The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J.

Social Media 127

Social Media Law Privacy Government 127

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. is here to stay, and there’s no end in sight.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

43(B)log

MAY 2, 2023

The parties compete in the market for probiotics. To the extent HPP is marketed as a medical food and deemed a medical food, it is required to be consumed under the supervision of a physician.” Visbiome “is one of the most extensively studied probiotics on the market, having been the subject of more than 70 human clinical trials.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Herbert Smith Freehills

JULY 6, 2022

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. Despite acknowledging its business had global reach, Nifty also alleged it did not direct any marketing activity toward the UK. Nifty argued the CJJA does not apply to arbitration-related claims.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

The IPKat

DECEMBER 16, 2021

CPL had a registered trademark in the word “Conphamol” and the design of the product packaging. The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Patently-O

SEPTEMBER 13, 2021

Disclosure statement: in 2019, the author served as an expert for HTC in an unrelated, non-U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. LEXIS 26250, __ F.4 4 th __ (Fed.

Licensing 55

Licensing Contracts Patent Law Law 55

U.S. Department of Commerce

MAY 27, 2021

MBDA Export Centers help minority-owned enterprises (MBEs) succeed as exporters and has assisted hundreds of MBEs grow their business by gaining access to new international markets, trade financing, and export contracts. Asakawa was inducted into the National Inventors Hall of Fame in 2019. The mission of the U.S. More details.

Inventor 68

Inventor Invention Technology Business 68

Nelligan Law

FEBRUARY 8, 2023

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 80

Law Government Business Contracts 80

Technology & Marketing Law Blog

MAY 27, 2022

Shelter Capital , where Veoh qualified for 512(c) but Veoh’s investors did not–that’s a bad safe harbor design because it gives plaintiffs an easy workaround that undermines the point of the safe harbor). Salesforce appeared first on Technology & Marketing Law Blog. This reminds me of UMG v. 230’s Immunity.

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Blogging Publishing Advertising Advertising 123

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

SpicyIP

JULY 19, 2021

In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004. I, Issue I [Submit by September 20].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105