LexBlog IP

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § In 2013, Larry Junker sued defendants for infringing US D450,839 (the D’839 Patent), in the U.S. § 102. Medical Components, Inc. , 2021-1649 (Fed.

Designs 52

Designs Design Design Patent Contracts 52

IIPRD

JANUARY 5, 2023

However, to a lesser extent, other IP laws like the Trademark Act and the Designs Act will also be important. The contract makes a significant difference when it comes to the right in respect to works utilised in films, even though the music composers in the example above may still assert a royalty claim for non-film works. 7] CISAC v.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

The IPKat

MAY 12, 2023

The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

LexBlog IP

DECEMBER 21, 2023

The makers of Ad Astra , on the other hand, submitted their script to CAA in November 2013, with an additional script in May 2015. The court also found that Jones didn’t enter into any implied contract with the agency or studios, and thus could not allege breach of contract. 1] Phillip Madison Jones v.

Copying 52

Copying Contracts Copyright Infringement Television 52

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Litigation Business 52

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. 201 (Spring 2013). Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

Corsearch

FEBRUARY 28, 2024

With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.

Registration 59

Registration Designs Design Intellectual Property 59

IP and Legal Filings

JANUARY 31, 2022

Application for establishment of BO/LO/PO in India may be submitted by the non-resident entity in Form-FNC to the designated AD Category-I bank and the AD Category-I bank after due diligence shall forward a copy of the Form-FNC along With details to the General Manager, Reserve Bank of India, New Delhi for allotment of Unique Identification Number.

Due Diligence 74

Due Diligence Business Designs Design 74

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. Prince appealed to the Second Circuit Court of Appeals, which largely reversed that decision in April 2013. To that end, there are three particularly interesting cases to look at.

Fair Use 233

Fair Use Non-Fungible Tokens Copyright Social Media 233

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Following the 2013 BGH decision Geburtstagszug , several lower courts afforded copyright protection in the area of applied art despite only a minor degree of individual character.

Copyright 52

Copyright Law Copyright Law Contracts 52

LexBlog IP

MAY 11, 2023

Designated Areas If you are a foreigner or an expat planning to buy an off-plan property in the UAE, as per the laws of UAE you are not eligible to own a property in any area that you wish. Upon the completion of this step you will receive the initial contract of sale which will be issued by the Land Department of the concerned emirate.

Government 40

Government Due Diligence Ownership Registration 40

Kluwer Copyright Blog

AUGUST 18, 2021

Under the 2013 version of the Public sector information directive, public sector bodies (excluding public broadcasters and a few other institutions) were already obliged to allow maximum (commercial) re-use of information that is publicly accessible under national laws. and not charging fees for re-use. 1(6) Open data directive).

Government 56

Government Database Right Intellectual Property Copyright 56

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., Thus, according to Illyrian, ADOL knew that GKS had the superior right.

Ownership 52

Ownership Registration Trademark Contracts 52

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. A: don’t know what it means for design of legal systems unless paired with theory about aims of legal systems.

IP 45

IP Invention Designs Design 45

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

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 69

Confidentiality Law Contracts Business 69

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

in 2013 from the University of Virginia School of Law and was a member of the Virginia Journal of Law and Technology. 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. Chet received his J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business.

Confidentiality 52

Confidentiality Law Contracts Business 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

That’s not what the statute is designed to prevent. Instead, as described by the district court in Nosal II , “[t]he common definition of the word ‘access’ encompasses not only the moment of entry, but also the ongoing use of a computer system.” Nosal II , 930 F.Supp.2d 2d 1051, 1063 (N.D. –RyanAir v.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Companies are already taking advantage of these new designations. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 103

Copying Copyright Law Copyright Social Media 103

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

Technology & Marketing Law Blog

MARCH 28, 2023

Much digital ink has been spilled on online contract formation; much less on online contract termination. Plaintiffs alleged that Facebook and LinkedIn agreed to divvy up the social media market “between 2013 and 2016.” The court dismissed the market division argument on the grounds that it was time barred. LinkedIn Corp.

Blogging 104

Blogging Cease and Desist Contracts Marketing 104

SpicyIP

JULY 27, 2021

The Centre for Communication Governance at National Law University Delhi (CCG) was established in 2013 to ensure that Indian legal education establishments engage more meaningfully with information law and policy, and to contribute to improved governance and policy making. About the Centre for Communication Governance.

Government 105

Government Editing Privacy Technology 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.

Settlement 52

Settlement Litigation Marketing Marketing 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. News from India.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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

LexBlog IP

APRIL 15, 2022

At the same time, art fairs such as West Bund Art & Design [3] and ART021 Shanghai Contemporary Art Fair [4] have brought together top galleries, artists, and art lovers from around the world, contributing to large volumes of international art transactions and accelerating the integration of China’s art market with the global art market.

Art 52

Art Marketing Marketing Artwork 52

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 Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.” It was written with a distinct style and message. Yet the Act does not define what “original” clearly means. 1] [1916] 2 Ch 601. [2] 2] [1964] 1 All ER 465. [3]

Copyright 90

Copyright Public Domain Copying Publishing 90

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. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books. Warner Bros.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Saregama India Limited v. Next Radio Limited [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Trading Secrets

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), its training procedures, and its off-boarding policies. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

JUNE 7, 2023

SEP Registration The Proposal establishes a “Competence Centre” within the EUIPO (which currently focuses solely on trademarks and design rights) to set up and maintain an EU-wide register for SEPs. Key Provisions and Critical Assessment 1. 5] Registration of SEPs will be mandatory for enforcement purposes. [6] 7] Article 24. [8]

Licensing 52

Licensing Patent Confidentiality Registration 52

LexBlog IP

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), its training procedures, and its off-boarding policies. View the Recording.

Confidentiality 40

Confidentiality Business Law Contracts 40

Herbert Smith Freehills

MAY 31, 2022

In 2013, I fell hopelessly, completely and unconditionally (well, almost) in love with the man who was to become my husband, Thibaut. Following the legalisation of gay marriage in France in 2013, it became possible for gay couples to adopt in France. Thibaut and I married in 2017. At least in theory.

Music 52

Music Law Contracts Government 52

Herbert Smith Freehills

MAY 31, 2022

In 2013, I fell hopelessly, completely and unconditionally (well, almost) in love with the man who was to become my husband, Thibaut. Following the legalisation of gay marriage in France in 2013, it became possible for gay couples to adopt in France. Thibaut and I married in 2017. At least in theory.

Music 52

Music Law Business Contracts 52