Olartemoure Blog

FEBRUARY 2, 2021

Commercial agency contracts’ regulation in Colombia remains a challenge for both attorneys and clients. 11001-31-03-019-2008-00247-01 Bogota D. Such broad definition traditionally implies that almost every commercial relationship will end in a Commercial Agency litigation if not properly limited by the parties from its beginning.

Litigation 98

Litigation Contracts Intellectual Property Business 98

IP and Legal Filings

JUNE 27, 2022

LIBOR and its role in financial crisis of 2008. The abusive use of credit default swaps (CDS) played a major role in driving the financial crisis of 2008. Contracts based on the recent overnight reference rates will have to pay differently than contracts based on longer-term LIBOR rates. Force Majeure. Frustration.

Contracts 56

Contracts Marketing Marketing Publishing 56

LexBlog IP

OCTOBER 18, 2023

Specifically, the new law, signed by Governor Newsom on September 1st, provides that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. Arthur Andersen LLP (2008) 44 Cal.4th Arthur Andersen LLP (2008) 44 Cal.4th

Law 52

Law Contracts Business Confidentiality 52

LexBlog IP

NOVEMBER 6, 2023

SB 699 It has long been a fundamental tenet of California law that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Arthur Andersen LLP (2008) 44 Cal.4th The two new laws are detailed below. Codified as Section 16600.5, Section 16600.5

Law 52

Law Contracts Business Privacy 52

SpicyIP

JUNE 28, 2023

and Saranya Ravindran This June 28 th marks the thirteenth anniversary of the tabling of the Parliamentary Standing Committee Report on The Protection and Utilisation of Public Funded Intellectual Property Bill, 2008 (PUPFIP) – a legislation introduced by the UPA government on the recommendations of the National Knowledge Commission.

Government 98

Government Invention Contracts Intellectual Property 98

LexBlog IP

MARCH 30, 2023

Most contracts will have a dispute resolution clause at the end, stating arbitration as the primary method of resolving any dispute between the parties. Arbitration is ideal for commercial matters, since it allows the parties to focus on restoring the terms of the contract, as opposed to exercising their legal rights against each other.

Contracts 40

Contracts Settlement Ownership Law 40

IPilogue

JUNE 14, 2022

Over the next year, Swift released re-recorded versions of both her Fearless (2008) and Red (2012) albums, receiving widespread commercial and critical success. Look What You Made Me Do. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

Music 120

Music Contracts Ownership Licensing 120

Technology & Marketing Law Blog

FEBRUARY 14, 2024

MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. LEXIS 23688 (S.D.

Contracts 72

Contracts Advertising Advertising Privacy 72

Patently-O

JANUARY 19, 2024

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

Inventor 67

Inventor Ownership Contracts Intellectual Property 67

The IPKat

MAY 9, 2023

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 The client owns the copyright to the image of the building, which is the object of this contract. (2) Statutory copyright protection remains unaffected. […] § 13.

Copyright 52

Copyright Moral Rights Contracts Art 52

LexBlog IP

MAY 3, 2022

Any provision in a contract between an employer and an employee in conflict with the provisions of this section shall be void and unenforceable.” It is in writing; part of a contract of employment; based on reasonable consideration; reasonable in duration and geographical limitations; and not against public policy. ” State.

Contracts 40

Contracts Government Business Law 40

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Didion (2008) 160 Cal.App.4th Consumer Contracts (Tent.

Contracts 77

Contracts Blogging Advertising Advertising 77

IP and Legal Filings

AUGUST 25, 2023

v] The Contract Labour (Regulation and Abolition) Act, 1970: The Act’s goal is to control the working conditions of contract labourers in factories and industries. v] The Contract Labour (Regulation and Abolition) Act, 1970. [vi] The gratuity payment must be made within 30 days of the employee’s last day of work. [v]

Law 78

Law Contracts Business Government 78

JIPEL Copyright Blog

MAY 5, 2021

Now imagine that the reason for your silent drive to work is a few sentences in a contract that prevent these on-air personalities from returning to the airwaves for a year.”. In New York, where the Broadcast Employee’s Freedom to Work Act was passed in 2008, there was a 37% increase in film and television employees from 2008 to 2017.

Television 52

Television Contracts Marketing Marketing 52

Technology & Marketing Law Blog

JULY 22, 2021

6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.”

False Advertising 141

False Advertising Contracts Editing Advertising 141

The IPKat

AUGUST 17, 2023

There was no written contract of employment. The first defendant was then suspended pending investigation, with the letter notifying him that he should stay away from work and comply with his duties under his contract of employment (being implied duties as there being no written employment contract).

Confidentiality 52

Confidentiality Contracts Business Litigation 52

IP Intelligence

JUNE 5, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark.

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? It is an arrangement that gives a licensee the right to use the licensor’s mark in some manner for some amount of time, with the licensor exercising quality control over the goods offered and services rendered under the mark.

Licensing 52

Licensing Due Diligence Business Trademark 52

Kluwer Copyright Blog

APRIL 15, 2024

This led for instance the FSF to sue Cisco Systems in 2008 for violating the GPL. most open source licenses provide a termination in case of breach of contract, which would impact the functioning of the AI model). when AI output qualify as derivatives of the input data). What is the impact of new regulation on open source AI?

Licensing 56

Licensing Social Media Contracts Privacy 56

LexBlog IP

JUNE 6, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. Rodopoulos v. Sam Piki Enterprises, Inc. , 2d 661 (Ala. 1990); KC Leisure, Inc. Haber , 972 So.2d 2d 1069, 1074 (Fla.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

eBay case from 2008. ” This is a highly defense-favorable reading of the contract provision. .” Interestingly, the interplay between a “safety” representation and Section 230 has a venerable history (unfortunately uncited), dating back to the Mazur v. Implications.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Copyright Lately

OCTOBER 10, 2021

Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract. What Contract? In a pique of Larson-style gaslighting, Twain thereafter pleaded ignorance of any contract with House. 623 (2007-2008) ; James L. Copyright Soc’y U.S.A.

Art 95

Art Contracts Social Media Litigation 95

IPilogue

JULY 9, 2021

Many contracts assigning IP have detailed provisions dealing with the incidents of the assignment. Other contracts are brief, but all are written against the background of default rules such as those on estoppel. v Adkins 395 US 693 (1969), would carry over to patent assignments. . For example, in the U.K. , 7] Minerva, ibid at 15. [8]

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

Plagiarism Today

SEPTEMBER 28, 2021

According to Cariou, Prince’s 2008 series Canal Zone took images from a collection of photographs by Cariou and used them with only slight modifications. Also in 2009, photographer Patrick Cariou filed a lawsuit against “appropriation artist” Richard Prince over the alleged infringement of dozens of his images.

Fair Use 235

Fair Use Non-Fungible Tokens Copyright Social Media 235

LexBlog IP

OCTOBER 5, 2021

294(a), which states that arbitration provisions relating to patent validity “shall be valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.” convince the court that the writ is appropriate under the circumstances. She holds up two Supreme Court cases, EEOC v.

Contracts 52

Contracts Patent Licensing Law 52

LexBlog IP

SEPTEMBER 29, 2021

However, the plaintiff was unaware of the competitor’s bid until the competitor entered into a design-build contract with the customer, which occurred two and a half years after the competing companies signed the NDA. 07-cv-00635 JCS, 2008 WL 166950, at *16-17 (N.D. 17, 2008); D.B. FOOTNOTES. [i] Riley, Inc. Mass 1997).

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

Velocity of Content

JANUARY 18, 2023

” What the Oakland Athletics baseball team pioneered by using sabermetrics, enabling it to build a competitive team within tight constraints on money for player contracts, has become a case study in how data itself can make an organization competitive when it might not otherwise be. In what ways is data unlike other assets?

Copying 97

Copying Government Editing Business 97

Patently-O

SEPTEMBER 13, 2021

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. at *29-30, Higginson, J., concurring).

Licensing 54

Licensing Contracts Patent Law Law 54

SpicyIP

NOVEMBER 8, 2023

The Recording of Court Proceedings in 2008: In October 2008, Mihir discussed a case in the Supreme Court that considered recording its proceedings as a move toward judicial transparency. The issue is also discussed in his and Dinesh Thakur’s book ‘The Truth Pill: The Myth of Drug Regulation in India.

Trademark 59

Trademark Publishing Journalism Copyright 59

IPilogue

APRIL 28, 2022

While Canadian government officials seek to discourage anti-competitive behaviours, Canada’s Competition Act was last reviewed in 2008. These stipulations could help stimulate local journalism and production companies, addressing concerns regarding the survival of local wireless services after this big merger.

Television 73

Television Journalism Government Law 73

IIPRD

JUNE 21, 2021

Cryptocurrency is a comparatively new word to the average Indian citizen despite the digital currency and the technology behind it i.e. blockchain being around for more than a decade with the establishment of the Bitcoin in 2008 as the first major cryptocurrency in the world. [i] Author: Utkarsh Pratap Singh, an intern at IIPRD.

IP 40

IP Ownership Intellectual Property Marketing 40

The IPKat

NOVEMBER 20, 2023

In his inaugural season, he finished runner-up; in 2008, he won his first title to become the then-youngest ever Formula 1 World Champion. There is no doubt that, within racing motor sports, Lewis Hamilton is a famous person. Lewis Hamilton joined Formula 1 in 2007. In 2014, he won his second title, followed by his third title in 2015.

Art 105

Art Branding Brands Branding 105

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

LexBlog IP

OCTOBER 12, 2021

. § 294, which makes agreements to arbitrate patent validity “valid, irrevocable, and enforceable, except for any grounds that exist at law or in equity for revocation of a contract.” ” Maxpower , 2021 WL 4130639 at *2. ” Id. Further, she notes that the Supreme Court’s decision in Preston v.

Contracts 52

Contracts Licensing Litigation Patent 52

Garrigues Blog

JUNE 28, 2021

The legal text, dating from 1985, has been reformed on three previous occasions (1992, 2000 and 2008). . This is in line with the Hague System, which requires national designs granted by contracting states to be protected for a minimum of 15 years. Possibility of protecting the design of product components.

Designs 52

Designs Design Intellectual Property Registration 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 5, 2022

Notably, consent orders “have attributes both of contracts and of judicial decrees.” Addressing DBN’s arguments, the Federal Circuit noted that DBN ignored the instruction provided in DBN II (and noted above) that “[c]onsent decrees and orders have attributes both of contracts and of judicial decrees.” 20-2008, slip op.

Contracts 52

Contracts Litigation Patent Designs 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. .

Social Media 52

Social Media Branding Brands Branding 52