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

Trading Secrets

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. However, Rule 21f-17(a) does not create a private right of action.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 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

Fish & Richardson Trademark & Copyright Thoughts

APRIL 5, 2022

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court: (1) the form of relief (injunctive relief; not monetary damages), and (2) the domestic industry requirement per 19 U.S.C.

Contracts 52

Contracts Litigation Patent Designs 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM. Teamsters Loc.

Social Media 101

Social Media Ownership Branding Brands 101

IPilogue

AUGUST 16, 2021

In 2015, Inside Out captivated audiences with its creative insight into the emotional landscape of a pre-teen girl named Riley. v Van Breda , looks to determine if there is a “real and substantial connection” between the subject matter of the litigation and the chosen forum. Photo by Max Cortez ( Unsplash ).

Copyright Infringement 106

Copyright Infringement Intellectual Property Copyright Business 106

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. 2015 WL 1289984 at 4 (N.D. March 20, 2015). emphasis mine).

Blogging 90

Blogging Cease and Desist Business Litigation 90

Trading Secrets

SEPTEMBER 15, 2021

That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees. Allegedly, around May 2015, Aya began soliciting AMN’s travel nurse recruiters. In December 2015, the parties terminated their relationship. To become a AMN subcontractor, AMN required Aya to sign a collaboration agreement.

Law 52

Law Marketing Marketing Business 52

The TTABlog

JANUARY 3, 2023

The issue, then, was whether the Article 8 claim was barred under the doctrine of issue preclusion in light of the past federal court litigation between the parties. The Board said no. Empresa Cubana Del Tabaco d.b.a. Cubatabaco v. General Cigar Co., 2022 USPQ2d 1242 (TTAB 2022) [precedential] (Opinion by Judge George C. Dow Chem.Co.

Registration 52

Registration Law Litigation Contracts 52

LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] 161799/2015 (N.Y. 161799/2015 (2020) (quoting In re Doman , 150 A.D.3d

Artwork 52

Artwork Art Reporting Ownership 52

IPilogue

JANUARY 21, 2022

For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service. The matter never ended up being litigated. Moreover, these rights can then be further assigned to others through contractual means.

Publishing 110

Publishing Intellectual Property IP Licensing 110

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

The IP Law Blog

MARCH 2, 2021

Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? But we believe the decision is unlikely to have much of a practical effect on trademark litigation other than in situations substantially similar to Romag.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

JULY 13, 2021

Non-competes became the subject of national debate when the sandwich maker Jimmy John’s was sued for its efforts to impose non-competes on its low-wage workers and sandwich makers in 2015. There is no dispute that they have been abused by some employers, as the Jimmy John’s dispute in 2015 brought to light.

Litigation 52

Litigation Intellectual Property Confidentiality Business 52

LexBlog IP

MARCH 23, 2023

The lawsuit stated that during that time, Martínez was constantly creating songs and rhythms and would seek opinions from De La Cruz, who also was in charge of scheduling his parties and handling invoices and contracts.

Business 40

Business Social Media Television Contracts 40

Patently-O

SEPTEMBER 13, 2021

However, this case did not sound in patent infringement, but in breach of contract. 2015); and Commonwealth Sci. & 2015)) have looked to traditional methodologies for determining reasonable royalty patent damages , including the 15-factor Georgia-Pacific framework. patent law with no reference to French contract law.

Licensing 56

Licensing Contracts Patent Law Law 56

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. OK, that’s a clear breach of contract, but how is it copyright infringement? Under Sohm , Starz’s cause of action for violations occurring in 2015 would be barred before they “accrued” under the discovery rule.

Blogging 88

Blogging Copyright Licensing Copyright Infringement 88

The IPKat

MAY 12, 2023

He resigned in 2015. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues. Mr Aughton's contract at the time he left defined Confidential Information as including "Company software and software development" and Clause 13.2

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

43(B)log

MAY 12, 2022

2015) (cleaned up). See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig. (No. 2015) (cleaned up). The UCL, like the FAL, “is broad and sweeping to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.” Pulaski & Middleman, LLC v. Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 20, 2022

In re Kind LLC “Healthy and All Natural” Litig., In 2015, FDA issued a warning letter to Kind about its “healthy and tasty” claims, stating that the language was an “implied nutrient content claim” and that certain KIND products did not meet the FDA’s saturated fat content requirements necessary to describe food as “healthy.”

Litigation 59

Litigation Contracts False Advertising Reporting 59

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions.

Litigation 98

Litigation Patent Marketing Marketing 98

43(B)log

FEBRUARY 28, 2022

Telebrands’ TV ad didn’t use the word “Covid” [I bet litigation counsel is grateful for FDA compliance efforts carried out in writing the copy!]. Anyone thinking of contracting with Healthvana—regardless of how careful or careless they were tossing goods into a cart at Wal-Mart—would take a lot more care.]

False Advertising 64

False Advertising Marketing Marketing Branding 64

Trading Secrets

JANUARY 19, 2022

The court found, however, that in early 2015 Foro received only “conceptual drawings” that were not final drawings ready for manufacture, but rather the first step of an engineering process. that were previously disclosed in its first coiled tubing unit prototype that it had previously patented (the “1998 Patent”). Code §§ 134A.001

Patent 52

Patent Designs Design Confidentiality 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. 2015; resubmitted Feb. 2015; resubmitted Dec.

Litigation 52

Litigation Settlement Marketing Marketing 52

LexBlog IP

JUNE 7, 2023

The EUIPO would conduct non-binding checks to determine whether a patent is essential to a standard; Before launching a litigation, parties to a SEP licensing dispute would have to go through a mandatory conciliation procedure administered by the EUIPO. Essentiality checks do not eliminate litigation. 4] Recital 7 and Article 1. [5]

Licensing 52

Licensing Patent Confidentiality Registration 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. 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.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JANUARY 24, 2023

And if Musk ever flips any of Twitter’s long-standing legal or policy positions in litigation or lobbying, he could truly melt down the industry. So what do we make of the earlier rulings that suggested hiQ had a legally protected right to scrape? ¯_(ツ)_/¯ CCB Launches We have a new venue for copyright litigation.

Law 116

Law Social Media Government Privacy 116

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. It’s these assignments that Travilyn terminated 35 years later.

Copyright 60

Copyright Music Social Media Publishing 60

The IPKat

AUGUST 2, 2023

The Judge noticed that the worldwide average selling prices (‘ASP’) by region presented by Meyer demonstrated the trend over 2015 – 2021 that China’s ASPs grew closer to the Developed Market ASPs.

Marketing 52

Marketing Marketing Licensing Patent 52

43(B)log

AUGUST 12, 2021

Laches: The parties agreed that Ohio’s two year statute of limitations was analogous, so if they actually or constructively knew of the alleged violative activity more than two years before the August 2015 filing, there’d be a presumption of laches. Anyway, the industry standard came to be in 2007, eight years before filing.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. 2015), the producer of a film secured work-for-hire agreements from all of the contributors to a motion picture except the director. In 16 Casa Duse, LLC v. Merkin , 791 F.3d

Copyright 122

Copyright Blogging Publishing Fair Use 122

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. Bright Data responded by closing its Meta accounts and terminating its online contracts with Meta. Meta Platforms, Inc.

Blogging 74

Blogging Contracts Cease and Desist Confidentiality 74

Trading Secrets

JUNE 3, 2022

The court found that there was no contract establishing confidentiality, despite arguments that company policies protected the information from disclosure. in a trade secret and contract suit. The defendant argued that an order denying fees under CUTSA is collateral to the litigation. Veterinary Orthopedic Implants, Inc. ,

Law 59

Law Confidentiality Designs Design 59