IPilogue

SEPTEMBER 2, 2021

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. The caveat here in the streaming service age is the term ‘screens.’

Contracts 106

Contracts Confidentiality Law IP 106

LexBlog IP

SEPTEMBER 12, 2023

Understanding Non-Compete Clauses: Non-compete clauses are those provisions in employment agreements that seek to prevent employees from working for a competitor or starting a similar business after leaving your company. the employee is barred from contacting customers for similar services) or “non-disclosure agreement” (i.e.

Confidentiality 52

Confidentiality Contracts Business Marketing 52

IP and Legal Filings

APRIL 8, 2022

Click wrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Click wrap Contract.

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

Clickwrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Clickwrap Contract.

Contracts 52

Contracts Law Business Technology 52

Trading Secrets

JUNE 22, 2022

There are limited exceptions to California’s general prohibition of post-termination non-competition agreements. This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”.

Ownership 98

Ownership Business Contracts Law 98

LexBlog IP

DECEMBER 20, 2023

The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. Obligations of Data Processing Service Providers (DPSPs) DPSPs must implement a number of specific measures to enable customers to switch DPSP with minimal difficulty.

Contracts 52

Contracts Business Law Journalism 52

The IPKat

NOVEMBER 5, 2021

In addition, the Spanish law elaborates on the way in which authorizations of this right must be granted to information society service providers. As readers of this blog know, Spain already had a press publishers right, though in different terms. Indeed, a carve out from the old right is kept and meant to be applied to the transposed right.

Due Diligence 143

Due Diligence Publishing Art Law 143

LexBlog IP

MAY 30, 2023

A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. These entities would also have the authority to impose “reasonable” limits on the amount of time student-athletes can engage in endorsement activities tied to NIL agreements.

Higher Education 52

Higher Education Contracts Registration Law 52

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. reportAd: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

LexBlog IP

MARCH 13, 2024

As we have previously addressed on numerous occasions this can best be addressed via NFT owner agreements as further addressed below. The most common concern raised about NFTs, however, was the prevalence of consumer confusion about the IP rights implicated in their creation or transfer.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. New competition rules for supply chain agreements – More flexibility for distribution models and online sales restrictions relaxed. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Online retail, spurious climate claims, influencers and vertical agreements all on the agenda as UK and Europe moved to upgrade competition and consumer protection rules. New competition rules for supply chain agreements – More flexibility for distribution models and online sales restrictions relaxed. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Van Buren gave us quite the soliloquy on the contextual construction of the word “so” in the drafting of the Computer Fraud and Abuse Act. TPG is a service built around the brand of a world-traveling man sipping champagne in first class, selling to the world his knowledge of the best rewards programs for credit cards and flights.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. These types of agreement often contain ‘auto-renewal clauses’, whereby the agreement will auto-renew unless the consumer cancels. Consumer law aims to protect consumers against unfair contract terms and notices. They can become so-called ‘subscription-traps’. The Guidance.

Law 62

Law Contracts Business Marketing 62

LexBlog IP

MARCH 8, 2022

A minor can register a trademark only if the minor’s “domicile” state allows the minor, in the minor’s individual capacity, to (1) enter into legal agreements, or to (2) sue another or to face a suit. How Is It Possible for Children to Register Trademarks If They Cannot Lawfully Contract? TMEP § 803.01.

Trademark 52

Trademark Registering Trademarks Contracts Registration 52

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. All this would serve to ‘foster the availability of reliable information’.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

IPilogue

APRIL 5, 2022

While at SOCAN, I was able to connect the dots between what I learned in 1L, e.g. remedies for breach of contract, and apply those concepts to live agreements. Whether I was crafting a termination clause or reviewing a sponsorship contract, I began to develop my own drafting technique and style.

Music 119

Music Copyright IP Contracts 119

Trading Secrets

JANUARY 13, 2022

In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining Netflix from soliciting certain employees subject to specific fixed-term employment agreements with Fox. Biogen, Inc.—

Contracts 52

Contracts Business Marketing Marketing 52

LexBlog IP

JANUARY 13, 2022

In what may seem to be a surprising series of events, given the state’s infamous hostility to restrictive covenants, a California appellate panel recently affirmed a Los Angeles Superior Court judgment effectively enjoining Netflix from soliciting certain employees subject to specific fixed-term employment agreements with Fox.

Contracts 52

Contracts Business Marketing Marketing 52

LexBlog IP

OCTOBER 19, 2023

Always read the terms of service and data usage policies. Transparent agreements are in place with AI tool users or providers concerning copyright ownership. Rights, ownership, and compensation terms are explicitly defined in contracts, especially when AI plays a significant role in content creation.

Content Creation 52

Content Creation Copyright Graphic Design Ownership 52

Traverse Legal Blog

OCTOBER 19, 2023

Always read the terms of service and data usage policies. Transparent agreements are in place with AI tool users or providers concerning copyright ownership. Rights, ownership, and compensation terms are explicitly defined in contracts, especially when AI plays a significant role in content creation.

Copyright 52

Copyright Content Creation Graphic Design Copyright Law 52

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. These types of agreement often contain ‘auto-renewal clauses’, whereby the agreement will auto-renew unless the consumer cancels. Consumer law aims to protect consumers against unfair contract terms and notices.

Law 52

Law Contracts Business Marketing 52

LexBlog IP

JULY 7, 2021

Companies may therefore continue to negotiate their own individual contracts addressing the compulsory elements of Article 28(3) and (4) of the GDPR. Instead, the controller retains the choice as to whether the processor must delete or return the personal data, until following termination of the contract (clause 10(d)). Background.

Publishing 40

Publishing Contracts Confidentiality Business 40

LexBlog IP

JUNE 28, 2022

To continue our series on trade secret employee contract clauses, we’ve surveyed the First Circuit for updates to the law relating to restrictive covenants. Noncompete agreements are contrary to public policy and are enforceable only to the extent that they are: Reasonable; and. Massachusetts Noncompetition Agreement Act, M.G.L.

Confidentiality 52

Confidentiality Business Government Intellectual Property 52

IP and Legal Filings

JULY 5, 2021

This form of business generally takes two or more person who comes together for the business based on certain agreement. That agreement tells the working nature of the partners and the agreed profit ratio between them. The business includes a variety of services in terms of trade, occupation, and profession.

Business 92

Business Registration Contracts Government 92

Kluwer Copyright Blog

MARCH 18, 2024

Part II will focus on copyright contract law and claims under copyright law. IV. Copyright contract law (Sections 31 et seqq. 3 UrhG, a German Court of Appeal decides, upon request, on the prerequisites for arbitration proceedings, which may be conducted for the drafting of JRRs.

Law 64

Law Copyright Law Copyright Contracts 64

LexBlog IP

NOVEMBER 13, 2023

In the latest edition, the Committee of Experts made several amendments to the classification, including adding express references to virtual goods and services. The impact of the service in the virtual environment plays a key role in determining the appropriate classification. The more specificity, the better.

Non-Fungible Tokens 52

Non-Fungible Tokens Technology Business Branding 52

LexBlog IP

JANUARY 26, 2022

The bill’s new provisions and restrictions apply only to employer-employee agreements entered on or after January 1, 2022; the bill is not retroactive. As written, the original Act did not specify whether its restrictions extended to non-solicitation agreements. Premier Dealer Services, Inc., 2d 938 (Ill. 2d 393 (Ill.

Confidentiality 52

Confidentiality Business Contracts Law 52

The IPKat

MAY 9, 2023

The defendant commissioned the plaintiff for a plan of the mosque, based on several earlier drafts prepared by other architects. In 2008, the parties concluded a contract, which included the following clauses [translation by this Kat]: § 4 Protection of the work and of the author […] 4.3

Copyright 52

Copyright Moral Rights Contracts Art 52

LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

Traverse Legal Blog

NOVEMBER 11, 2020

STR platforms, including Airbnb, allow the STR host and their guest to enter into short term rental agreements, enforceable under contract law, set the rental terms and house policies and control their cancellation policy to create predictable cash flow. Use of the Airbnb Listing Directory & Booking Platform. TOS; Section 1.2).

Litigation 69

Litigation Contracts Business Marketing 69

LexBlog IP

MARCH 6, 2023

The roles can be defined by a contract, known as an Operating Agreement, between the LLC and its Members. Operating Agreement The most important document in an LLC’s toolbox is the Operating Agreement. This contract defines how the company is run and sets out the rights and responsibilities of the Members.

Business 52

Business Government Contracts Intellectual Property 52

Larson & Larson

SEPTEMBER 3, 2021

A lawyer can help you draft and send a cease and desist letter. Therefore, by sending the letter, you are simply communicating that they should take a defined course of action, such as discontinuing their activities or negotiating a licensing agreement. This is achieved through providing a platform?—civil for litigation. Bottom Line.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

LexBlog IP

JANUARY 7, 2022

A company’s obligations for notification of data breaches varies by jurisdiction, industry, role (business/data controller or service provider/data processor), and the impact of a data breach. What are your NOTIFICATION OBLIGATIONS ? Disclosure to Attorney General. Notification to Consumer Reporting Agencies.

Privacy 52

Privacy Intellectual Property Contracts Business 52

The IPKat

JANUARY 18, 2022

in the News Showcase service. Prior to the launch of the services, Google entered into licensing agreements with a range of German publishers. In addition, the Bundeskartellamt raised concerns that Google’s manoeuvre would lead to self-preferencing of its own services or impede services offered by competing parties.

Publishing 52

Publishing Marketing Marketing Advertising 52

The IPKat

DECEMBER 16, 2021

Still in January, a High Court in Nairobi, Kenya issued a decision in Iko Solutions Limited v Mobile Decisioning Africa Limited on the implication of parties’ actions where there is no written agreement in a transaction involving IP. Unfortunately, the relationship collapsed and the defendant terminated the draft agreement.

Copyright 89

Copyright IP Ownership Copyright Infringement 89