43(B)log

OCTOBER 11, 2022

Boston Carriage, Inc. Boston Suburban Coach, Inc., The parties used to have an ongoing business relationship in which both companies outsourced clients to each other and engaged in regular communications regarding their business operations. 1:21-cv-10688-IT, 2022 WL 4626918 (D. Boston Suburban is a competitor.

False Advertising 83

False Advertising Advertising Advertising Copying 83

Nelligan Law

DECEMBER 4, 2023

Companies can draft their policies to specifically limit their employees’ entitlements during the reasonable notice period. In Battiston v Microsoft Canada Inc., Often, these plans will outline what should occur if the dismissal was with cause or without cause, in the form of vested or unvested options.

Contracts 59

Contracts Litigation Blogging Law 59

Nelligan Law

NOVEMBER 30, 2023

Companies can draft their policies to specifically limit their employees’ entitlements during the reasonable notice period. In Battiston v Microsoft Canada Inc., Often, these plans will outline what should occur if the dismissal was with cause or without cause, in the form of vested or unvested options.

Contracts 59

Contracts Litigation Blogging Law 59

Technology & Marketing Law Blog

NOVEMBER 20, 2021

Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983. Twitter, Inc. , Twitter, Inc. , Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v.

Social Media 113

Social Media Litigation Publishing Blogging 113

Copyright Lately

OCTOBER 2, 2023

Even die-hard copyright geeks would be forgiven for overlooking a lawsuit first filed over three years ago by information services company Thomson Reuters against AI start-up Ross Intelligence. Interestingly, the court also noted that copying could be deemed insubstantial if Ross’s AI actually works in the way the company claimed—i.e.,

Fair Use 95

Fair Use Copyright Copying Copyright Infringement 95

IPilogue

OCTOBER 19, 2021

chocolate company (“Hershey”) filed a lawsuit against Californian cookie maker The Cookie Department Inc. Last December , Cookie Department accused Hershey-owned company One Brands LLC of copying one of their trademarks in a California federal court lawsuit. Writer, IP Innovation Clinic Fellow,?and and a 2L JD Candidate at?Osgoode?Hall

Cease and Desist 106

Cease and Desist Branding Brands Branding 106

Technology & Marketing Law Blog

MARCH 10, 2022

Conversion and Detinue : Courts have been reluctant to extend conversion claims under Maryland law to pure intangibles. The outer limits of the conversion claim are where some documents representing the intangibles are improperly transferred to the defendant (such as stock certificates, promissory notes, or life insurance policies).

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. Spartz, Inc.

Social Media 97

Social Media Ownership Branding Brands 97

IPilogue

MARCH 22, 2022

Companies put forth that they have a limited number of qualified applicants who are diverse and this smaller applicant pool drives to disparities in the workplace, as opposed to peoples’ internal biases. It was inspiring to see women from diverse career paths, as not all started as IP professionals or were even sure of entering the IP space.

IP 119

IP Intellectual Property Technology Litigation 119

Technology & Marketing Law Blog

OCTOBER 20, 2021

Twitter, Inc. , Facebook Inc. , Court Rejects Another Lawsuit Alleging that Internet Companies Suppress Conservative Views–Freedom Watch v. Vimeo Defeats Lawsuit for Terminating Account That Posted Conversion Therapy Videos–Domen v. YouTube Isn’t a Company Town (Duh)–Prager University v. Case citation : Martillo v.

Social Media 95

Social Media Publishing Blogging Law 95

Technology & Marketing Law Blog

APRIL 26, 2023

Allegedly, “Amazon monitored and wiretapped the drivers’ conversations when they communicated during off hours in closed Facebook groups.” Amazon is one of the wealthiest companies in human history, it has armies of top-tier in-house and outside lawyers, and consumer contracts are the lifeblood of its business. Oberstein v.

Contracts 76

Contracts Copying Technology Licensing 76

TorrentFreak

APRIL 29, 2022

LaBossiere has now responded to DISH’s comprehensive allegations which are partly based on evidence obtained from telephone conversations recorded at the Pinellas County Sheriff’s Office in Florida. billion dollar company will stop at nothing to bully people into settlements to help its bottom line.”

Television 60

Television Licensing Branding Brands 60

Technology & Marketing Law Blog

MAY 16, 2022

Remodeling, Inc. In Modern Remodeling , the court found that a defendant (“Kimball”) selectively deleted relevant text messages he exchanged with his co-defendants as they were attempting to establish a company that would compete against plaintiff. 2019); Nuvasive, Inc. Remodeling, Inc. See Fast v. GoDaddy.com LLC , No.

Blogging 106

Blogging Litigation Intellectual Property Privacy 106

IPilogue

MARCH 8, 2023

There have also been significant developments in the jurisprudence for privacy breaches, such as the landmark release of three Ontario Court of Appeal decisions ( Owsianik v Equifax Co. , 2022 ONCA 813 ; Obodo v Trans Union of Canada, Inc., Kaplan v Casino Rama Services Inc. In Kaplan v Casino Rama Services Inc.,

Privacy 106

Privacy Confidentiality Litigation Reporting 106

LexBlog IP

OCTOBER 15, 2021

An employer filed suit against a former employee, alleging the former employee converted and destroyed documents belonging to the employer, which contained “proprietary company information.” Rey , 68 Cal. 5th 793 (2021 ) (“ Rey ”) is the first California published appellate decision to answer this question. ” Id.

Litigation 52

Litigation Publishing Law Privacy 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Case citation : JLM Couture, Inc. Gutman Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. Spartz, Inc. Gutman , 2024 WL 172609 (2d Cir.

Social Media 78

Social Media Ownership Designs Design 78

Trading Secrets

FEBRUARY 23, 2023

In AirFacts, Inc. After AirFacts filed suit for breach of contract, misappropriation of trade secrets under Maryland law, and conversion, the case was extensively litigated. Having sided with the company only in finding an immaterial breach of the employment agreement, the court awarded AirFacts just $1.00 in nominal damages.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

Patently-O

APRIL 6, 2023

by Dennis Crouch The copyright lawsuit between the data-software company SAS Institute and its scrappy copycat World Programming has been interesting to follow over the past several years, and the Federal Circuit has now issued a controversial opinion in the case. Oracle America, Inc. , Eng’g Dynamics, Inc. 4th — (Fed.

Copyright 56

Copyright Copying Copyright Infringement Fair Use 56

The TTABlog

FEBRUARY 10, 2022

In re GB II Corporation d/b/a Columbia River Knife & Tool Company , Serial No. The Board considered the six factors set forth in Converse, Inc. For the purpose of completeness, the Board also considered Applicant GB's claim of acquired distinctiveness but found the evidence insufficient to support the Section 2(f) claim.

Design Patent 89

Design Patent Advertising Advertising Designs 89

LexBlog IP

FEBRUARY 23, 2023

In AirFacts, Inc. After AirFacts filed suit for breach of contract, misappropriation of trade secrets under Maryland law, and conversion, the case was extensively litigated. Having sided with the company only in finding an immaterial breach of the employment agreement, the court awarded AirFacts just $1.00 in nominal damages.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

The IPKat

DECEMBER 7, 2021

Whether in speeches, conferences, or articles, no subject engendered more IP conversation. First, for the sake of good order, Lederer means by the term patent trolls an abuse of the patent system, in which— low-quality patents that are asserted against innovative companies by entities that often don’t even make any products.

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

Technology & Marketing Law Blog

MAY 2, 2022

The court says companies who make their data publicly available are not without recourse. 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.”. __. Eric’s Comments.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Kashishipr

JANUARY 12, 2022

They qualify as a metadata tag and aid the user to create, identify, follow, and contribute to a particular conversation or a topic on social networking sites and across other internet applications. Hashtags are nothing but a string of words used together without any spaces that bear the hash (#) as its prefix. Answer the Big Question.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

Trading Secrets

JUNE 3, 2022

In the case, a pharmaceutical company sued a former product development employee and his new employer in the District of New Jersey for misappropriation of trade secrets in violation of the DTSA. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc. at *8; see also Payward, Inc. Contractors Inc.

Law 59

Law Confidentiality Designs Design 59

JIPEL Copyright Blog

MAY 5, 2021

Businesses have argued that, among other things, the agreements are necessary to protect their intellectual property from being misappropriated when employees leave the company. Cumulus Media, Inc. , The benefit to the companies of having these agreements is unequal and unbalanced control over their employees. In Burke v.

Television 52

Television Contracts Marketing Marketing 52

TorrentFreak

SEPTEMBER 7, 2021

As part of Triller’s legal campaign targeting people and entities that allegedly pirated the Jake Paul vs. Ben Askren fight earlier this year, the company sued the popular H3 Podcast. Later that same month, Triller filed its first amended complaint naming Ted Entertainment Inc. and 10 ‘Doe’ defendants.

Copyright 111

Copyright Fair Use Copyright Infringement Copying 111

LexBlog IP

JULY 18, 2023

Many companies and competitors, including Samsung, Apple, JPMorgan, Bank of America, Goldman Sachs and Citigroup, have reportedly heavily restricted the internal use of generative AI tools like ChatGPT due to potential compliance issues. This doesn’t sound so great.

Business 52

Business Law Reporting Music 52

IP Tech Blog

JULY 18, 2023

Many companies and competitors, including Samsung, Apple, JPMorgan, Bank of America, Goldman Sachs and Citigroup, have reportedly heavily restricted the internal use of generative AI tools like ChatGPT due to potential compliance issues. This doesn’t sound so great.

Business 52

Business Law Social Media Reporting 52

LexBlog IP

SEPTEMBER 15, 2022

June 2021: Roc-A-Fella Records sues its co-founder Damon Dash, alleging that Dash’s attempt to mint Jay-Z’s album “Reasonable Doubt” as an NFT constituted unlawful conversion of the copyright in the album owned by Roc-A-Fella. Roc-A-Fella Records, Inc. Nike, Inc. Yuga Labs, Inc. Dash , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Velocity of Content

SEPTEMBER 16, 2022

CCC has licensed this report from Outsell, Inc. CCC is developing the OAAI roadmap, which is likely to focus on building out automated quality controls as well as data analysis, conversion, and sharing across systems, among other API-based integrations. with the right to distribute it for marketing and market education purposes.

Publishing 97

Publishing Business Licensing Marketing 97

The IPKat

APRIL 5, 2023

In Neurim Pharmaceuticals (1991) Ltd and another company v Generics UK Ltd and another [2020] EWHC 3270 (Pat), Neurim was successful on all issues. On this point, Arnold LJ disagreed, citing Conversant to highlight that the focus of the trial can be correctly categorised as a claim to enforce UK patents.

Reporting 73

Reporting Patent Patent Infringement Technology 73

LexBlog IP

SEPTEMBER 29, 2021

Because the expiration of certain obligations under the NDA could place a company’s trade secrets at risk, indefinite protection obviously is preferred. In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. Riley, Inc.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. lululemon is the well-known yoga gear company. lululemon athletica Canada Inc. FTC. * Selling Keyword Ads Isn’t Theft or Conversion–Edible IP v. Case citation : Aliign Activation Wear, LLC v. June 7, 2021).

Advertising 105

Advertising Advertising Settlement Trademark 105

43(B)log

DECEMBER 18, 2023

For decades, companies selling structural connectors have used descriptive product names, and names that consist of an acronym formed from the initial letters of the words of the product name followed by a model number or stock number. Simpson Strong-Tie Co. 2023 WL 8697700, No. 20-cv-06957-VKD (N.D.

False Advertising 64

False Advertising Advertising Advertising Copyright 64

Technology & Marketing Law Blog

MARCH 13, 2022

The record may likewise show that consumers sometimes mistakenly seek to redeem vouchers for other skydiving companies with LVSA… as a matter of law, a reasonably prudent consumer in this marketplace is unlikely to be confused as to the origin of the service offered. Groupon, Inc. Amazon.com, Inc., 2022 WL 594833 (D.

Trademark 79

Trademark Advertising Advertising Settlement 79

LexBlog IP

JUNE 15, 2023

Geolocation Based Playlists ASSIGNEE: Snap, INC. This groundbreaking invention, detailed in US 11675831 issued to Snap Inc., Source: USPTO Synthetic Reed With Cane Particles ASSIGNEE: D’Addario & Company, Inc. D’Addario & Company, Inc.,

Patent 52

Patent Patent Application Music Editing 52

IP and Legal Filings

OCTOBER 30, 2023

Conversely, trademarks are intended to protect “brand identifiers” that customers use to recognise and distinguish one seller’s goods and services from another. Tiffany packages its jewellery in special blue boxes, using a trademarked shade of light blue created by the company for its own wares.

Trademark 87

Trademark Branding Brands Branding 87