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. Kiwi appeared first on Technology & Marketing Law Blog. Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts.

Cease and Desist 111

Cease and Desist Contracts Trademark Blogging 111

LexBlog IP

AUGUST 7, 2023

It also, allegedly, obtained access to analytical tools from Brandwatch , a market intelligence consultant. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Radiance v NAACP, 1415-68 (4th Cir 2015).

Social Media 52

Social Media Reporting Contracts False Advertising 52

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. In 2015, the BGH ruled that managing directors have limited liability in copyright matters.

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

IPilogue

OCTOBER 7, 2022

In its October 2015 policy proposition , CARFAC also highlighted the reality that many artists living in isolated northern communities live in impoverished conditions, while their work dramatically appreciates in value. The study also found that the market continued to grow after the implementation of the resale right in 2006.

Art 105

Art Moral Rights Artwork Editing 105

LexBlog IP

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. Aya signed the agreement in 2010. Key Takeaway.

Law 52

Law Marketing Marketing Business 52

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

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 101

Intellectual Property Privacy Branding Brands 101

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 97

Social Media Ownership Branding Brands 97

JIPEL Copyright Blog

NOVEMBER 22, 2021

These clauses are generally used to ensure that the investment by promoters into booking a venue and an artist will pay off without watering down the market for ticket sales by allowing the same artist to play frequently in the same area. See It’s My Party, Inc. Live Nation, Inc. , Supp 3d 475 (D.

Music 52

Music Contracts Marketing Marketing 52

LexBlog IP

SEPTEMBER 15, 2021

To receive such spillover assignments, Aya (a competitor who also provides temporary nursing services) signed a contract with AMN in 2010 and included in that agreement was a non-solicitation provision prohibiting Aya from soliciting or “poaching” AMN’s employees. §§1, 2 and related California state law claims.

Marketing 52

Marketing Marketing Contracts Law 52

43(B)log

JANUARY 5, 2024

The parties settled in 2015; defendants agreed to cease their use of those marks and to avoid the words “Florida” and “Virtual” together in a mark. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. statements as evidence of confusion.

Branding 59

Branding Brands Branding Marketing 59

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. The Big Move. A Conglomerate. Swift has also been amassing a vast IP portfolio.

Music 40

Music Branding Brands Branding 40

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. 2015 WL 1289984 at 4 (N.D. March 20, 2015). Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. emphasis mine). Koninklijke Philips N.V.

Blogging 86

Blogging Cease and Desist Business Litigation 86

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] The wrongdoer does not get the benefit from fluctuations in the market. 161799/2015 (N.Y.

Artwork 52

Artwork Art Reporting Ownership 52

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

U.S. Department of Commerce

FEBRUARY 24, 2022

EDA’s RLF program assists businesses by capitalizing local investment programs that provide gap financing to businesses that might not be able to obtain traditional bank loans, while MBEs can access a variety of technical assistance, including access to capital, access to contracts and access to markets by contacting a local MBDA Business Center.

Business 81

Business Government Ownership Contracts 81

LexBlog IP

DECEMBER 12, 2023

This is because training of GenAI models requires processing of large amounts of data that potentially contain copyrighted works, as well as materials displaying trademarks and data compilations which may be protected by sui generis database rights in the EU, or other information the use of which may be restricted by contract or terms of use.

IP 52

IP Database Right Intellectual Property Copyright 52

LexBlog IP

JANUARY 19, 2022

In April 2014 Foro contacted Vita through the generic contact form on Vita’s website to discuss building a deployment wheel for Foro’s laser, which it marketed as a multiconductor cutting tool. (“Foro”) is in the business of commercializing the application of high-powered lasers for the oil, natural gas, geothermal and mining industries.

Patent 52

Patent Designs Design Confidentiality 52

Trading Secrets

JANUARY 19, 2022

In April 2014 Foro contacted Vita through the generic contact form on Vita’s website to discuss building a deployment wheel for Foro’s laser, which it marketed as a multiconductor cutting tool. (“Foro”) is in the business of commercializing the application of high-powered lasers for the oil, natural gas, geothermal and mining industries.

Patent 52

Patent Designs Design Confidentiality 52

43(B)log

MAY 12, 2022

The UCL’s “ ‘purpose is to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.’ ” Abbott Laboratories v. 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.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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 55

Licensing Contracts Patent Law Law 55

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

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. He resigned in 2015. Peripheral issues relating to Mr Aughton's duties under his employment contract overlapped with these three core issues. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The Plaintiff, an architect, produced architectural drawings and plans which were approved and registered by the County Government of Kajiado under application Number P/761/2015.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. 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.

Settlement 52

Settlement Litigation Marketing Marketing 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. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

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Publishing Contracts Art Copyright 130

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 103

Art Contracts Publishing Licensing 103

Corsearch

FEBRUARY 28, 2024

In the vast world of intellectual property protections and expanding consumerism, which increases competition for market share, companies are constantly seeking ways to distinguish themselves and their products, and industrial designs provide an important option to do so. There were contractions in 2013 and 2014 of -6.5% respectively.

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Registration Designs Design Intellectual Property 59

Trading Secrets

JUNE 3, 2022

2021), the defendant argued that the alleged trade secret—the exact dimensions of a patented spinal implant device for treating degenerative disc disease—was disclosed in a patent and marketing. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market.

Law 59

Law Confidentiality Designs Design 59

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

The IPKat

MAY 17, 2022

The deadline came after a 2015 initiative that sought an industry-led solution for a fair online music industry. The negotiations were mediated and no doubt the EU Digital Single Market Copyright Directive - which requires "appropriate and proportionate" remuneration for performers - also impacted on those ongoing talks.

Music 98

Music Contracts Government Copyright 98

IP Tech Blog

FEBRUARY 1, 2023

Marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

Copyright Law 111

Copyright Law Copyright Law Art 111

LexBlog IP

MARCH 30, 2022

We have talked a lot this year about the Federal Trade Commission’s (FTC) focus on reviews, and so far we have seen cases involving review suppression and incentivized reviews , as well as new guidance about how platforms and marketers should handle reviews. So what should we expect from the CFPB in this area?

Contracts 52

Contracts Marketing Marketing Law 52