Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 126

Privacy Law Contracts Designs 126

Technology & Marketing Law Blog

JANUARY 12, 2022

Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. Google appeared first on Technology & Marketing Law Blog. If Singh can’t get this ruling reversed on appeal, then this case is dead and Singh spent a lot of unrecouped money over the past 5 years. Case Citation: Singh v. The CourtListener page.

Advertising 83

Advertising Advertising Settlement Blogging 83

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 102

Copying Copyright Law Copyright Social Media 102

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties. It also reduces the distribution and marketing expenses to an extent.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” If anything, the Second Circuit musings give the parties more to fight over, rather than providing enough clarity to estimate the Coase Theorem entitlement and facilitate a settlement.

Social Media 80

Social Media Ownership Designs Design 80

Patently-O

FEBRUARY 22, 2023

It generally amounts to more than 50% of the total settlement recovery, acknowledging, at least by basic math, that they are the primary beneficiary of the litigation.). Many start with and later add investors to ongoing funds and matters. Nearly all require oversight and consultation at all key decision points.

Litigation 125

Litigation Reporting Settlement Government 125

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. A few plaintiffs have won default judgments (including one I blog below).

Registration 112

Registration Fair Use Copyright Designs 112

Technology & Marketing Law Blog

JUNE 20, 2023

Specifically, when a derivative work is created pursuant to a statutory exception, then the derivative work is prepared “lawfully,” even though the artist who created the derivative did not get a license or other permission from the owner of the copyright in the underlying work. Goldsmith herself had been entirely unaware of the licensed use.)

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. That IPR was terminated in August in view of a settlement agreement and before there was any decision on institution. That petition is pending. million in expenses.

Settlement 52

Settlement Litigation Patent Reporting 52

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

The IPKat

JANUARY 31, 2023

This was because: Both sides engaged in settlement discussions, there was mediation and an Early Neutral Evaluation. An appeal would potentially create pointless market uncertainty as to whether ONI would remain licensed in respect of its main product and on what basis. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. Creative Commons : New License Enforcement Principles for Public Comment. 26, 2021).

Copyright 112

Copyright Copying Copyright Infringement Copyright Law 112

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. While 2020 saw a slowdown in FDA approvals and biosimilar product launches from previous years, market uptake of biosimilars increased—and more biosimilars are sure to come.

Settlement 40

Settlement Licensing Designs Design 40

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. May also resolve through settlement.

Copyright 64

Copyright Editing Settlement Music 64

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? On September 8, 2022, the parties filed a notice of settlement. Miramax, LLC v. Tarantino , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

IP and Legal Filings

NOVEMBER 30, 2022

The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or. Collateral between the investor and the creative economy actor can be in the form of: Fiduciary guarantee of intellectual property; A contract for creative economic activities; and/or.

IP 52

IP Intellectual Property Business Government 52

43(B)log

AUGUST 3, 2023

This can lead to settlement/end of cases: Even if there was copying, we don’t know they copied from you! Open Source Smell Culture: perfumers can share formulas using CC licenses. A: resource constraints—but open source hardware only has a set number of licenses, and probably won’t create one for perfume.

Music 52

Music Art Copying Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The biosimilar market also exhibited continued growth, with multiple biosimilar developers reporting strong sales of biosimilars through 2021. With respect to commercial launches, the United States saw fewer new biosimilars entering the market in 2021 than in previous years. No earlier than 2023 per settlement. Introduction.

Litigation 52

Litigation Settlement Patent Marketing 52

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. May 20, 2021) (R&R) renting existing equipment; Pine was formerly one of Proactive’s licensed distributors for the pumps.

IP 94

IP Trademark Advertising Advertising 94

43(B)log

FEBRUARY 24, 2021

Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Joseph Lewczak: FTC v.

Advertising 40

Advertising Advertising Law Privacy 40

43(B)log

FEBRUARY 23, 2024

What you’re seeing is cross-licensing/branding. Maybe part of the answer is preexisting meaning: there will always inevitably be non-TM meaning for “DRIVE SAFELY” but not for Nike/the BMW icon, and the ratio of TM to non-TM meaning, or the ability of TM meaning to drive non-TM meaning out of the market, might matter.]

Trademark 45

Trademark Law Branding Brands 45

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. The exclusion of Bittorrent traffic on USA servers is a measure taken in response to a legal settlement in 2022.

Privacy 137

Privacy IP Technology Reporting 137