IP and Legal Filings

NOVEMBER 23, 2023

ii] 2003 VIIAD Delhi 405, 2003 (26) PTC 245 Del, 2004 (1) RAJ 10 [iii] The Trademarks Act, 1999. [iv] Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. iv] The Copyrights Act, 1957. [v]

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

Patently-O

MARCH 18, 2024

367 (2004). The court explained Delaware law allows contracts to bind affiliates in some contexts, so additional litigation was needed to resolve the defense. See Cheney v. for D.C. , Applying these standards, the court found VLSI failed to make the required showing – particularly the requirement for immediate relief.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

Patently-O

OCTOBER 12, 2022

The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. Lavvan, Inc. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir. 15, 2022) ( 21-1819_so ). Lavvan sued Amyris for patent infringement. The district court order denying arbitration is immediately appealable under 9 U.S.C.

Patent Infringement 61

Patent Infringement Contracts Patent 61

The IPKat

MARCH 10, 2024

42nd ATRIP Congress: intellectual property, ethical innovation, and sustainability – Towards a new social contract for the digital economy? (30 Antoon was a board member of the Dutch Group since 1992 and served as president from 2004 to 2011. Register and read more about the symposium here.

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The Bill repealed the previous Copyright Act of 2004 and ratified outstanding copyright treaties including the Marrakesh Treaty. Katpost on that here. Katpost on the ruling here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

The IPKat

SEPTEMBER 24, 2021

In considering this issue, the Court of Appeal relied on the provisions of Section 10(1)(2) and (3) of the Nigerian Copyright Act , 2004. Section 10(1), (2) and (3) of the Copyright Act provides that: “(1) Copyright conferred by Sections 2 and 3 of this Act, shall vest initially in the author. (2) Image of camera: Unsplash.

Ownership 91

Ownership Artistic Work Contracts Copyright 91

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. This aspect of copyright contract law has so far not been harmonised by EU law. The German provisions are in line with the relevant provisions in the EU Enforcement Directive (2004/48).

Law 65

Law Copyright Law Copyright Contracts 65

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. July 27, 2023) Kass created a PayPal account in 2004. PayPal, Inc. , 22-2575 (7th Cir.

Contracts 70

Contracts Law Reporting Blogging 70

IIPRD

JANUARY 29, 2023

However, the conversation being considered as a contract between them was unclear regarding the IP rights. This instance brings out certain questions when will the work be considered as commissioned, contract for service or implied license? 6] NFTs as of today don’t provide the exclusive right to the owner to commercialise the artwork.

IP 52

IP Artwork Contracts Intellectual Property 52

IIPRD

SEPTEMBER 30, 2021

designed wireless chips, which are manufactured by third parties under contract. In the EU more than half of all large companies leave IP outside the scope of internal audits. In 2005, Qualcomm generated about 58% of its $5.7 billion in revenue from the sale of Qualcomm?designed core technologies, which otherwise would have remained ([link].

IP 52

IP Licensing Intellectual Property Marketing 52

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. Some consideration of those issues here.

Copyright 120

Copyright IP Music Ownership 120

Herbert Smith Freehills

SEPTEMBER 10, 2021

Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . In early 2021, Colombia also announced its intention to grant 15 new hydrocarbons exploration contracts in 40 different areas of the country, which may have a negative impact on the environment.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . In early 2021, Colombia also announced its intention to grant 15 new hydrocarbons exploration contracts in 40 different areas of the country, which may have a negative impact on the environment.

Contracts 52

Contracts Government Law Marketing 52

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. 2004), in which the defendant continued to run an infomercial after its agreement with the individual plaintiff, Lundin, featured in the infomercial expired. Continental Diamond Tool Corp., 2022 WL 2355481, No.

Advertising 59

Advertising Advertising False Advertising Public Use 59

The TTABlog

APRIL 6, 2022

Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. ADOL Sh.p.k. 2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A.

Ownership 52

Ownership Registration Trademark Contracts 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

DECEMBER 28, 2021

Governs corporate financial disclosure data and data security,   2004: The Payment Card Industry Data Security Standard (PCI DSS). It is essential for companies engaging in international data transactions to carefully review their data privacy policies and contracts to ensure that they are compliant with E.U.

Privacy 52

Privacy Government Intellectual Property Business 52

azrights

JUNE 7, 2022

This is one of the many misconceptions about IP that I’ve noticed since starting my business in 2004. Most people assume intellectual property is primarily a distress purchase. I’ve learnt a lot from my own mistakes during these past 17 years of being in business.

Marketing 59

Marketing Marketing Business Designs 59

LexBlog IP

MARCH 28, 2022

In some cases this will be an internal employee, in other cases a founder of the business, in other cases a contracted graphic designer and so on. If the founder is not an employee of the business and in the absence of a written contract to the contrary, the founder would personally own certain rights in the logo design.

Ownership 52

Ownership Intellectual Property Content Creation Business 52

Kluwer Copyright Blog

FEBRUARY 24, 2023

Part I addressed decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. This article covers the most relevant copyright law decisions of the BGH from that year. Part II will cover claims under copyright law and collecting societies. Claims under copyright law 1.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

LexBlog IP

FEBRUARY 10, 2022

The ALJ decision came out in September 2004. ” Bottom line: After going through the complete administrative action and all appeals, the FTC will then commence a new action in federal district court seeking monetary relief. The administrative complaint was filed in October 2003. The Commission decision was issued in September 2005.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

In 2004, the Ninth Circuit eviscerated it (in the Rossi case) by requiring plaintiffs to show that senders subjectively believed their takedown notices were abusive. Diebold from 2004, which led to a $125k damages award. As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure.

Registration 110

Registration Fair Use Copyright Designs 110

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Sara’s IP litigation experience includes both patent litigation and trade secret misappropriation litigation, which often also include various associated breach of contract and business torts. She graduated from the University of New Hampshire in 2004 with a B.S. Sara received her J.D. in English. Liz received her J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IP and Legal Filings

MAY 3, 2023

The University and University of London Press Limited agreed into a contract under which the former would receive payment in exchange for receiving the copyright and all other rights to publish the matriculation examination papers. 5] Appeal (civil) 6472 of 2004. [6] 6] [2004] 1 SCR 339. [7] 1] [1916] 2 Ch 601. [2] 4] 499 U.S.

Copyright 91

Copyright Public Domain Copying Publishing 91

43(B)log

AUGUST 4, 2021

CCH decision, 2004: fair dealing is a user right; only if a library doesn’t make out fair dealing does it need the library exemption. Contracts should not be permitted to override exceptions and limitations. This is the oncoming crisis. UK campaign to investigate academic ebook market is a similar push. Could it be?

Copyright 45

Copyright Licensing Fair Use Contracts 45

The IPKat

JUNE 26, 2021

On the feature 1d, the Judge accepted Facebook’s expert evidence that an implementer of Munje would have been familiar with a 2004 protocol by an organisation called OMA and the future roadmap for that protocol ([244]). This would promote certainty.

Invention 52

Invention Art Patent Contracts 52

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. In a piece for Live Law, Eashan Ghosh critically analyses Section 22(4) of the Indian Designs Act, 2004. Other News from Around the World.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. The dispute arose over a 2004 agreement between Versata and Ford for software that Versata developed to manage how components in Ford vehicles would be configured during assembly.

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

Trading Secrets

NOVEMBER 7, 2022

They also believed that by picking Delaware law and Delaware courts to hear any dispute, their restrictive covenants would be upheld by a court that has a well-deserved reputation for enforcing contracts. As a result, Kodiak argued that Adams should be held to the contract that he had signed. The parties. Northwest”).

Law 52

Law Business Contracts Litigation 52

LexBlog IP

APRIL 15, 2022

Concentrated in two major art hubs–Beijing (Galleria Continua in 2004 and Pace Gallery in 2008) and Shanghai (Perrotin in 2018, Almine Rech Gallery in 2019, and Lisson Gallery in 2019), these international galleries collectively formed a competitive force against the domestic galleries.

Art 52

Art Marketing Marketing Artwork 52

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? 2004), the plaintiff gave Timex an exclusive license to use its film footage for a one-year period; but Timex continued to use the footage after the one-year period expired. 17 U.S.C. § 201(d)(2). 3d at 481. (20 In Polar Bear Productions, Inc.

Blogging 84

Blogging Copyright Licensing Copyright Infringement 84

LexBlog IP

NOVEMBER 7, 2022

They also believed that by picking Delaware law and Delaware courts to hear any dispute, their restrictive covenants would be upheld by a court that has a well-deserved reputation for enforcing contracts. As a result, Kodiak argued that Adams should be held to the contract that he had signed. The parties.

Law 40

Law Business Contracts Litigation 40

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. These are apparently go-to accessories for people who don’t have skin. Dawn of the Dead.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

AUGUST 12, 2021

He also unsuccessfully sued insurance companies and Safelite based on similar claims in the past, including in 2003 and 2004. By 1998, Campfield (a relevant person and counterdefendant) was telling insurance companies that Safelite was lying to consumers by using the dollar bill rule.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In September 2020, Governor Newsom signed into law the California Affordable Drug Manufacturing Act of 2020 (SB 852), which would allow the state’s Health and Human Services Agency to contract with drug manufacturers and suppliers to produce and distribute its own label of biosimilars, biosimilar insulins, and generic drugs. and Immunex. . .

Settlement 52

Settlement Litigation Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 27, 2022

The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. Section 230’s Application to States’ Regulation of Social Media , November 2021 (based on testimony to the California Senate Judiciary Committee). Emerging Tech.

Social Media 124

Social Media Law Privacy Government 124

Technology & Marketing Law Blog

JANUARY 24, 2023

Before that, John Ottaviani and I assembled lists of top Internet IP cases for 2005 , 2004 and 2003. * * * My publications in 2022: Advertising Law: Cases and Materials (with Rebecca Tushnet), 6th edition (2022) Internet Law: Cases & Materials (2022 edition) The Constitutionality of Mandating Editorial Transparency , 73 Hastings L.J.

Law 112

Law Social Media Government Privacy 112