The IPKat

NOVEMBER 20, 2023

Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark application no. The application of this principle required Lewis Hamilton to be famous in the entire EU at the filing date of the contested application, i.e. on 14 July 2015.

Art 105

Art Branding Brands Branding 105

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq. Capacity to be subject to legal action.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 85

Contracts Privacy Blogging Litigation 85

LexBlog IP

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. In February 2015, he resigned from his position with AirFacts. In AirFacts, Inc.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. Knitting Fever, Inc.,

False Advertising 99

False Advertising Advertising Advertising Business 99

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. The court previously denied Kiwi’s motion to dismiss, without much discussion of the merits.

Cease and Desist 115

Cease and Desist Contracts Trademark Blogging 115

IP and Legal Filings

NOVEMBER 23, 2023

Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 97

Intellectual Property Privacy Branding Brands 97

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

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 56

Licensing Contracts Patent Law Law 56

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

From 2015 through 2017, Rae served as a judicial law clerk to the Honorable Gloria M. 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. from The George Washington University Law School in 2015.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IPilogue

JANUARY 21, 2022

However, much of this power is effectuated contractually through end-user license agreements or applicable terms of service with individuals and tournament organizers. For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service.

Publishing 110

Publishing Intellectual Property IP Licensing 110

BYU Copyright Blog

NOVEMBER 2, 2023

These videos contained recordings of some of the class lectures he had recorded during his tenure at Pima.Pima contends that Yuksel breached his employment contract by knowingly recording class lectures from 2015 through 2022, even though such recordings were prohibited by the school's policies. Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

The IPKat

JULY 7, 2023

The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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. Under the current Bangui Agreement – revised in 2015 without relevant changes – it is possible to patent plants and agricultural produce.

Patent 76

Patent Government IP Technology 76

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 102

Art Contracts Publishing Licensing 102

Technology & Marketing Law Blog

OCTOBER 28, 2022

2015 WL 1289984 at 4 (N.D. March 20, 2015). This action may give rise to a number of claims, but it does not support a theory of liability under the CFAA. emphasis mine). Koninklijke Philips N.V. Elec–Tech International Co. , It wasn’t a total loss for Booking, though.

Blogging 89

Blogging Cease and Desist Business Litigation 89

The IP Law Blog

MARCH 2, 2021

companies that contract with foreign manufacturers need to take steps to protect themselves against liability for a profits award arising out of infringement committed through a foreign manufacturer. company contracting with Chinese manufacturers, after insurance, 32 will be contracts. 31 Such improvements may give U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 127

Publishing Contracts Art Copyright 127

Copyright Lately

JULY 17, 2022

But then, starting in 2015, Travilyn began to serve copyright termination notices on over 50 of Jay’s most valuable compositions, including “Que Sera, Sera,” which became effective in 2019.

Copyright 60

Copyright Music Social Media Publishing 60

Patently-O

JANUARY 12, 2022

There is a lot going in this decision, but the crux of the appeal is a license interpretation question. Here are the rough facts: Hwang licensed its patent rights to Plastronics Socket. In the appeal, the Federal Circuit confirmed that the “divisive merger” cannot be used to escape from contract obligations.

Contracts 78

Contracts Licensing Patent Law 78

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Figure 1, below, provides a snapshot of FDA approval and biosimilar product launch trends from 2015 through 2020. 2015; resubmitted Feb.

Litigation 52

Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 88

Blogging Copyright Licensing Copyright Infringement 88

Velocity of Content

AUGUST 10, 2022

On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

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 73

Blogging Contracts Cease and Desist Confidentiality 73

43(B)log

AUGUST 4, 2021

Universal safe harbor; first sale; operating outside ©’s exclusive rights (Aereo) [largely failed]; admin state—compulsory licenses, recording device levy; other: ASCAP/BMI consent decree; DMCA safe harbors; Section 1201 exceptions. Digital TV: operating outside © failed, and Aereo also failed to get a §119 compulsory cable license.

Copyright 45

Copyright Licensing Fair Use Contracts 45

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers. The trends towards paying to perform research”.

Copyright 124

Copyright Publishing Journalism Art 124

Kluwer Copyright Blog

JUNE 1, 2023

The EU copyright framework needs to be ameliorated in this regard and the articles 18 sq of the CSDM directive (the so-called “copyright contract law” rules) cannot be the final word on this issue. Towards a modern, more European copyright framework, 9 December 2015, COM(2015) 626 final, nr. sub c Satellite Directive 1993; Art.

Copyright Law 109

Copyright Law Copyright Law Art 109

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 52

Marketing Marketing Licensing Patent 52

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 2022), available at [link]. [17] 8, 2022). [30]

Litigation 126

Litigation Reporting Settlement Government 126

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Figure 1 below provides an overview of biosimilar approvals by FDA and product launches in the United States from 2015 to 2021. 2015; resubmitted Feb. 2015; resubmitted Dec. March 6, 2015. September 2015. Biosimilar Approvals and Launches by Year. November 15, 2019. No earlier than 2023 per settlement. .

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. Merkin , 791 F.3d

Copyright 121

Copyright Blogging Publishing Fair Use 121