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

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

Trading Secrets

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 59

Law Contracts Business Confidentiality 59

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

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

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 73

Contracts Advertising Advertising Privacy 73

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 54

Licensing Contracts Patent Law Law 54

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 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

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 78

Contracts Blogging Advertising Advertising 78

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. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 247

Fair Use Non-Fungible Tokens Copyright Social Media 247

IPilogue

APRIL 28, 2022

On March 3 2022, Canada’s Minister of Innovation, Science and Economic Development Francois-Phillippe Champagne stated that “The wholesale transfer of Shaw’s wireless licenses to Rogers is fundamentally incompatible with our government’s policies for spectrum and mobile service competition, and I will simply not permit it.”

Television 73

Television Journalism Government Law 73

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

LexBlog IP

OCTOBER 5, 2021

In 2007, ROHM Japan and MaxPower entered a technology license agreement (“TLA”). 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.” Background.

Contracts 52

Contracts Patent Licensing Law 52

JIPEL Copyright Blog

APRIL 23, 2021

A 2008 fire that wiped out an estimated 500,000 masters at Universal studios has been called “the biggest disaster in the history of the music business.” The label can then license the music and receive a portion of the royalties. It’s hard to understate how critical these recordings are to the industry.

Copyright Law 45

Copyright Law Copyright Law Music 45

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

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. Picture is by Rodrigo Chablé and used under the licensing terms of pexels.com. There is no doubt that, within racing motor sports, Lewis Hamilton is a famous person.

Art 105

Art Branding Brands Branding 105

LexBlog IP

OCTOBER 12, 2021

ROHM Japan and Maxpower are parties to a technology license agreement that includes an agreement to arbitrate disputes. § 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.” ” Id.

Contracts 52

Contracts Licensing Litigation Patent 52

The IPKat

OCTOBER 7, 2021

Between 2008-2015, the technology was upscaled to 70 percent of the Burkinabe cotton areal. Just by contracting with AICB, Monsanto could capture the cotton areal. Cotton was Burkina Faso’s main export product and remained the primary cash source for its farmers. Against this setting, Monsanto and Bt cotton entered Burkina Faso.

Patent 76

Patent Government IP Technology 76

Technology & Marketing Law Blog

JULY 9, 2022

2008), the Seventh Circuit held that the CDA barred a claim alleging that craigslist, an online messaging board, was liable for discriminatory housing advertisements that its users posted on its website. As the Seventh Circuit has explained, the CDA “limits who may be called the publisher of information that appears online.” 3d 666 (7th Cir.

Advertising 121

Advertising Advertising Publishing Blogging 121

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. In 2008, she graduated summa cum laude from the University of Georgia with a B.A. Sara received her J.D. in English.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

43(B)log

OCTOBER 25, 2021

I’m sure they have contracts saying that they permitted these uses, but so what? The same is true of the parties’ collateral products, including the plaintiffs’ shows and licensed song. 2008), so the court declined to settle the issue. That doesn’t give them affirmative trademark rights for songs or TV shows.] 2d 1302 (N.D.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. Instead, OpenAI treats the matter as one of ownership via contract law. ” See OpenAI, FAQ ( Copyright ).

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. The record label business model is simple – labels are in the business of selling and distributing recorded music that they didn’t create. [1] BACKGROUND. ANALYSIS AND UPSHOT. CONCLUSION.

Music 98

Music Ownership Copyright Law Contracts 98

Technology & Marketing Law Blog

JANUARY 24, 2023

Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. 1203 (2022) How Santa Clara Law’s “Tech Edge JD” Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes (in process), __ Marq.

Law 113

Law Social Media Government Privacy 113