IPilogue

JANUARY 5, 2023

In fact, the report reveals that the price of music streaming plans dropped more than 20% between 2009 and 2021 because they did not keep up with inflation. These services offer consumers access to an enormous catalogue of music, better audio quality, and new features, without the price tag. First, virtually anyone can share their music.

Music 105

Music Marketing Marketing Reporting 105

Plagiarism Today

SEPTEMBER 28, 2021

In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed. 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

Patently-O

OCTOBER 12, 2022

The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. 2009) (interlocutory appeal denying motion to compel arbitration properly belongs in the regional circuit court of appeals); Medtronic AVE, Inc. Lavvan, Inc. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir.

Patent Infringement 60

Patent Infringement Contracts Patent 60

Patently-O

FEBRUARY 9, 2023

The patent covers a memory module, and Netlist previously sued Google for infringement back in 2009. A potential contract right is generally much less valuable than a final decision absolving liability. Back in October 2022, Samsung filed an IPR petition against Neglist’s US7619912; and the PTAB granted institution.

Contracts 51

Contracts Patent 51

TorrentFreak

SEPTEMBER 27, 2022

After beginning life as DigitalRights back in 2009, anti-piracy company Rightscorp became known for its cut-price copyright-trolling operations. Where competitors would attempt to charge hundreds up to multiple thousands of dollars per alleged file-sharing infringement, Rightscorp initially offered to settle cases for around $20.

Settlement 114

Settlement Copyright Intellectual Property Confidentiality 114

LexBlog IP

AUGUST 3, 2023

Abbott (2009) provides further insight what qualifies as evidence for reasonable spending. This allows non-profits to more consciously select contracts based on prices that will align with their charitable goals and will prevent them from overpaying above market price when transacting with an affiliate. Alex Allemann

Contracts 52

Contracts Marketing Marketing Business 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? 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § 45(m)(1)(A). See, e.g. , Alaska Stat. 559, § 559.815 (2006); and Ind.

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? 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § 45(m)(1)(A). See, e.g. , Alaska Stat. 559, § 559.815 (2006); and Ind.

Licensing 52

Licensing Due Diligence Business Trademark 52

The TTABlog

MARCH 2, 2022

It has used TINKER BELL as a trademark for dolls since 2007 and registered the mark in 2009 without a Section 2(f) acquired distinctiveness claim. Likewise, the contraction of TINKER BELL to TINK did not effect a material change, since "Tink" has been "commonly used as a nickname for Tinker Bell in Barrie's works."

Public Domain 72

Public Domain Designs Design Registration 72

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. The Situation. Kappas , 561, U.S.

Contracts 100

Contracts Patent Patent Application Invention 100

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? § 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § § 45(m)(1)(A). See, e.g. , Alaska Stat. §

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

The IPKat

FEBRUARY 3, 2023

In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. 9, 2009, p. And the proposed rule does not stop there. Bayliss, 869 A.2d 2d 990 (Pa. Super 2005). ** Wellspan See Allegheny Specialty Practice Network v.

Blogging 52

Blogging Confidentiality Business Editing 52

Plagiarism Today

JUNE 8, 2022

Between 2009 and 2019, she held a very lucrative position at the Santa Clara County government. According to The Mercury News , In 2009, she was awarded a no-bid contract to be the sole grant writer for the county. However, it was in 2018 that she was offered an additional contract. Examining the Plagiarism. Bottom Line.

Plagiarism 254

Plagiarism Contracts Copying Editing 254

IP and Legal Filings

OCTOBER 21, 2022

v Sharon Bio Medicine Limited [14] wherein Appellate Tribunal ruled that because procedures under the Code are not recovery actions, the guarantor cannot use its subrogation right under the Indian Contract Act, 1872 [15]. 8] Section 140 & 141, Indian Contract Act, 1872. [9] The bench also referred to Lalit Mishra & Ors.

Contracts 52

Contracts Law IP Business 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 4, 2020

The complaint alleged breach of contract and trade secret theft alleging that former employees used trade secrets to develop competing sputtering machinery used to deposit thin films onto silicon wafers. Angelin (2009) 172 Cal. Superior Court (2009) 178 Cal. Superior Court (2005) 132 Cal. 4th 826 (“AMS”). In Brescia v.

Designs 52

Designs Design Intellectual Property Law Contracts 52

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. and Class 5.2 of our IP Reveries series , while discussing the basics of clinical trials and drug innovation, have highlighted their implications.

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

FEBRUARY 10, 2022

That matter settled in January 2009, and in November 2010, redress was sent to consumers. In 2009, the FTC made changes to the rules that govern administrative proceedings with the goal of streamlining the proceedings ; so in 2022, the process might be somewhat shorter, but not drastically so. Now, I should add one caveat.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 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. 2009), held a golf club manufacturer liable based on a photo of a former spokesman on its website with the following caption: The twice major winner and golfing superstar, John Daly, will continue to be synonomous [sic] with Hippo.

Advertising 59

Advertising Advertising False Advertising Public Use 59

SpicyIP

FEBRUARY 10, 2023

The following two pieces, written over 10 years ago, also make a claim about the contraction of HCU. Conclusion In sum, reading HCU as a provision instead of a principle can invisibilize the broader idea of honesty or fairness in trademark law that goes hand in hand with the rights of proprietors and the public interest.

Trademark 119

Trademark Registration Trademark Law Law 119

The TTABlog

APRIL 6, 2022

GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. Opposer argues, in essence, that as the distributor/licensee, it is entitled to rely on its supplier/licensor’s use to prove priority (i.e., See In re Bose Corp., 3d 1240, 91 USPQ2d 1938 (Fed.

Ownership 52

Ownership Registration Trademark Contracts 52

Indiana Intellectual Property Law

SEPTEMBER 22, 2022

Zachary Topoll (“Topoll”) was employed by Orbital from 2009 until April 2022. Due to its devoted significant resources and time to develop and maintain its business relationship with NIPSO, Orbital is one of NIPSCO’s preferred vendors.

Designs 40

Designs Design Business Intellectual Property Law 40

SpicyIP

JANUARY 17, 2022

The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post.

Copyright Law 119

Copyright Law Copyright Law Art 119

Corsearch

FEBRUARY 28, 2024

Recent industrial designs registration trends The rate of growth in industrial design registrations across the past few decades has been sporadic, with an interesting pattern of growth and contraction compared to other forms of intellectual property. There were contractions in 2013 and 2014 of -6.5% respectively.

Registration 59

Registration Designs Design Intellectual Property 59

The IPKat

SEPTEMBER 23, 2022

At the centre of the submissions was the question as to whether the concept of “core inventive advance” is relevant in the assessment of the requirements of Article 3(a) and 3(c) of Regulation No 469/2009.

Litigation 82

Litigation Law Patent Invention 82

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 70

Blogging Contracts Cease and Desist Confidentiality 70

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely. And a quick review of U.S.

Derivative Work 85

Derivative Work Licensing Artwork Contracts 85

SpicyIP

MAY 2, 2022

While terminating the contract, the Plaintiff had informed Defendant of the terms of termination, which inter alia provided that using Plaintiff’s content without a license would now constitute infringement. IIM ) , and their applicability cannot be waived by contract. In Academy of General Education, Manipal v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Kluwer Copyright Blog

MARCH 6, 2023

Examining Gender in Literature A study on the Transformation of Gender examined a collection of over 100,000 novels in the HathiTrust Digital Library collection from 1703 to 2009. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 122

Copyright Social Media Publishing Licensing 122

Nelligan Law

FEBRUARY 8, 2023

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 80

Law Government Business Contracts 80

SpicyIP

SEPTEMBER 11, 2023

Further, the court held that the applicant acquiesced but delaying in filing the suit as its first hospital was opened in 2009 and the suit was filed only in 2023. However, the court clarified that enforcing the negative covenant will not mean that the respondent has been benched or has been rendered idle.

Registration 105

Registration Trademark Copyright Music 105

Nelligan Law

FEBRUARY 8, 2022

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 84

Law Government Business Contracts 84

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. Hailshree Saksena, Doctrine of sweat of the brow SSRN (2009), [link] (last visited Apr 14, 2023). [1]

Copyright 85

Copyright Public Domain Copying Publishing 85

SpicyIP

MAY 15, 2023

After perusing the material on record, the court concluded that Brompton had no privity of contract with YSL and the Supply Agreement with Beverly from which Brompton claims to derive its rights was in contravention of the original Franchise Agreement with YSL. The defendants applied for registration of their mark on 13th April 2009.

Trademark 104

Trademark Registration Cease and Desist IP 104

43(B)log

AUGUST 9, 2021

for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. The court noted that many such decisions didn’t require “acts for which the violator would be liable under applicable non-bankruptcy law” as long as there was simply interference with the debtor’s contract rights.

False Advertising 119

False Advertising Advertising Advertising Law 119

LexBlog IP

APRIL 4, 2023

District Court for the Northern District of Texas kept the trade secret and breach of contract claims but applied Texas’ preemption doctrine to dismiss claims for breach of fiduciary duty and civil conspiracy. 2009) decision. Check out the latest case, PRO MINERAL, LLC v. Marietta, Dist. where the U.S. Why you ask?

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Technology & Marketing Law Blog

OCTOBER 27, 2021

Twitter’s TOS, which Trump agreed to in 2009 when he created his account, contains a mandatory venue clause. Now Twitter has done the same. (A A reminder that Trump’s legal filings routinely make brain-meltingly stupid arguments. This one is no exception). ” The court gently shreds this argument.

Social Media 123

Social Media Blogging Law Government 123