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. ”” In 2012, PayPal added a mandatory arbitration clause that users could opt-out-of.

Contracts 73

Contracts Law Reporting Blogging 73

43(B)log

AUGUST 5, 2021

Standard debate assumes semi omniscience of designer neutrally concerned with social welfare. Bespoke systems are often underutilized by their own designers and outmoded. Examples: Vessel Hull Design Protection Act. Through 2012, only about 1000 registered. What if rules are largely written by the regulated parties?

IP 45

IP Invention Designs Design 45

43(B)log

NOVEMBER 28, 2022

Critiques about “issues of methodology, survey design, reliability, the experience and reputation of the expert, critique of conclusions, and the like go to the weight of the survey rather than its admissibility.” Here, Monster’s alleged interference with Vital’s contracts was unrelated to the contracts Monster sought to enforce.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Kluwer Copyright Blog

JUNE 20, 2023

The first sale doctrine restricts the rights holder’s exclusive right to distribute a copyrighted work to the public, where the distribution right to control secondary sales is ‘exhausted’ upon completion of the first lawful sale of a copy of the work by the rights holder or with their consent.

Artwork 98

Artwork Contracts Ownership IP 98

LexBlog IP

JUNE 28, 2023

Accordingly, the Court held that the holder of the IP right to a computer program cannot object to the resale of a copy thereof where such a copy is accompanied by a licence for unlimited use, whether material or immaterial. The Court made specific reference to certain European Court of Justice decisions in this respect. (3)

Copying 52

Copying Copyright Law Copyright Editing 52

SpicyIP

SEPTEMBER 11, 2023

Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.”

Registration 105

Registration Trademark Copyright Music 105

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

DECEMBER 26, 2023

” The mere operation of a website with later follow-up for price quotes, contract execution, and installation insufficiently establishes qualification.” 29, 2023): the content at issue in this case is the digital firearms information that DD published, from 2012 through 2020, to its own website, DEFCAD. .] * Palmer v.

Publishing 87

Publishing Law Marketing Marketing 87

Technology & Marketing Law Blog

FEBRUARY 13, 2023

A work is fixed in either a “copy” or a “phonorecord.” “Phonorecords” are defined as material objects in which only sounds are fixed, while “copies” are defined as material objects in which any other kind of work is fixed. [ 17 U.S.C. . §202(a) ] “Fixed” means that the work is embodied in a material object in some permanent form.

Copyright 121

Copyright Blogging Publishing Fair Use 121