Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

LexBlog IP

NOVEMBER 15, 2021

The world of college athletics changed forever on July 1, 2021. There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. To form a contract, three main ingredients are required. By: Jacob Parrott.

Contracts 52

Contracts Social Media Law Business 52

The IPKat

NOVEMBER 16, 2022

Background Articles 18-22 of the DSM Directive establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights over their works or performances to third parties for the purpose of exploitation.

Contracts 123

Contracts Licensing Government Law 123

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Kluwer Copyright Blog

JUNE 19, 2023

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses).

Copyright 122

Copyright Art Licensing Contracts 122

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Plagiarism Today

SEPTEMBER 15, 2022

In December 2021, the judge ruled against the motion, saying that there was a “genuine issue of material fact” that needed to be explored at trial. Morantz, who is 77, is suing Downey over alleged copyright infringement, breach of contract and elder abuse. None of the defendants have responded to the lawsuit at this time.

Reporting 196

Reporting Copyright Infringement Plagiarism Licensing 196

Plagiarism Today

JANUARY 24, 2022

The app, which was released in September 2021, allows users to link together their various frequent flyer accounts, including American Airlines AAdvantage program. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 197

Settlement Copyright Notice Plagiarism Reporting 197

Plagiarism Today

MARCH 23, 2022

In December of 2021, various movie companies filed a lawsuit against the site alleging that they were illegally streaming content that they own. That was offered exclusively through a contract with LexisNexis. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Law 181

Law Journalism Plagiarism Licensing 181

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Fred Simian –the deal included licensing rights, and Green created a television show to feature Fred. Then just weeks ago, Fred went missing.

Copyright 52

Copyright Contracts Television Licensing 52

Patently-O

MARCH 7, 2022

Waste Management detected some suspicious activity on its servers in January 2021, but did not discover that there was a real breach until May 2021. This includes name, SSN, DOB, Driver’s License, etc. This includes name, SSN, DOB, Driver’s License, etc. WM offered to pay for 1-year identity monitoring.

Privacy 116

Privacy Contracts Licensing Litigation 116

The IPKat

NOVEMBER 6, 2023

Up to March 2021, his photographs have been licensed more than 800,000 times. 307(1),(2) German Civil Code , which implements Directive 93/13/EEC on unfair terms in consumer contracts into German law; the German rules also apply to B2B contracts). They may not be contrary to accepted principles of morality ( Sec.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 127

Marketing Marketing Contracts Business 127

SpicyIP

JUNE 28, 2023

An earlier excellent post by Swaraj and Anupriya published during the pandemic in 2021, covered the various departmental policies and guidelines governing public funded R&D in great detail. The answer to this can be found only in individual contracts between these public institutions/grantees and the private sector.

Government 98

Government Invention Contracts Intellectual Property 98

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. 17 of the CDSM Directive.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 79

Contracts Blogging Litigation Licensing 79

The IPKat

OCTOBER 28, 2021

III, 22/09/2021), which highlights the strategic use of trade secrets in connection with public tenders. Based on this, the request for access to the documentation was denied by the contracting authority. Kat friend Gabriele Girardello once again reports on trade secrets, this time on an Italian case, Administrative Court of Latium (n.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

azrights

APRIL 22, 2021

World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses. The video is particularly apt for World IP day 2021 centring as it does on IP and SMEs, which is this year’s World IP day focus. The Azrights animation video.

IP 52

IP Intellectual Property Branding Brands 52

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? 75, (Cambridge University Press, 2021). [2]

Non-Fungible Tokens 77

Non-Fungible Tokens Government Law Intellectual Property 77

The IP Law Blog

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. Senate proposed the Unleashing American Innovators Act (UAIA) in September 2021. Patents offer many advantages to individuals and companies. Through a bipartisan effort, the U.S.

Business 98

Business Inventor Patent Licensing 98

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 9, 2021, No. See, e.g., Britt v.

Blogging 99

Blogging Contracts Law Privacy 99

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. IP Ownership Nearly all purchase agreements require the seller to warrant that it owns or licenses the intellectual property necessary for operation of the business.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 116

Contracts Registration Litigation Copying 116

IPilogue

OCTOBER 5, 2021

On September 9, 2021, ESG Clean Energy, LLC (“ESG”), a corporation responsible for clean energy solutions for distributed power generation, announced that they signed an exclusive licensing deal with Viking Energy Group, Inc. (“Viking”) for use of ESG’s carbon dioxide-free power generation technology in all of Canada. .”

Patent 106

Patent Licensing Technology IP 106

IPilogue

JUNE 28, 2022

In March, the Law Society of Ontario (LSO) announced that it would cancel its March 2022 licensing examinations , citing information that “strongly indicat[ed] that examination content [had] been improperly accessed by some candidates” and evidence of “potential involvement of third parties in this activity.”

Copyright 118

Copyright Licensing Copyright Infringement Contracts 118

The IPKat

AUGUST 22, 2023

This is a review of Poorna Mysoor ’s Implied licences in copyright law (Oxford University Press, 2021). In chapter one, the book explains the nature of a copyright licence using Hohfeldian analytics , concluding that a licence is not in itself a contract but may be part of a contract.

Copyright Law 52

Copyright Law Copyright Law Contracts 52

The IPKat

JUNE 27, 2022

created) on a permissionless blockchain (like Ethereum, Cardano o Solana) through a software called “smart contract” which is recorded on the blockchain itself. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.), Yuga Labs, therefore, still owns the copyright in each NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Plagiarism Today

AUGUST 2, 2022

Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses. Finding a Use.

Copyright 231

Copyright Non-Fungible Tokens Technology Plagiarism 231

Patently-O

MAY 2, 2022

The original patent application was filed Feb 9, 2021 –one year and two days later and outside the one year grace period. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. The Feb 7 date is important. ” = = = =.

Invention 82

Invention Contracts Licensing Inventor 82

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). [I 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 116

Contracts Blogging Litigation Marketing 116