LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. Components, Inc. , 2021-1649 (Feb. Junker , at *2, 14. ” 35 U.S.C. 3d 1347, 1351 (Fed.

Patent 52

Patent Invention Designs Design 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

SpicyIP

MAY 3, 2023

The Controller General Of Patents, Designs & Trade Marks & Anr. ( In 2016, a similar incident occurred, and the High Court reversed the undue mass abandonment of trademark applications. These notices were challenged before the Delhi High Court in Intellectual Property Attorneys Association (IPAA) & Anr. Via order dt.

Trademark 102

Trademark Reporting Contracts Registration 102

Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. SF Design Group. Fredman Design Group. In contrast, in JLM Couture v.

Social Media 79

Social Media Contracts Ownership Business 79

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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

The TTABlog

APRIL 6, 2022

Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. The Board, however, ruled that IIyrian cannot rely on the GKS's use of the marks to prove priority.

Ownership 52

Ownership Registration Trademark Contracts 52

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. ” Double UGH.

Contracts 71

Contracts Law Reporting Blogging 71

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. Goldsmith became aware of the series after Prince’s death in April 2016 and that resulted in the lawsuit. To that end, there are three particularly interesting cases to look at.

Fair Use 232

Fair Use Non-Fungible Tokens Copyright Social Media 232

TorrentFreak

MAY 17, 2022

Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. ” Given the clarity, there’s no real need to highlight why a tool designed to circumvent DRM and make unlicensed copies likely falls foul of the above, even given the existence of a lengthy disclaimer.

Copying 114

Copying Social Media Licensing Technology 114

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). In early 2021, Colombia also announced its intention to grant 15 new hydrocarbons exploration contracts in 40 different areas of the country, which may have a negative impact on the environment.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

In its 2020 NDC, Chile recorded its commitment to reducing at least 25% of the total black carbon emissions by 2030 (compared to 2016 levels). In early 2021, Colombia also announced its intention to grant 15 new hydrocarbons exploration contracts in 40 different areas of the country, which may have a negative impact on the environment.

Contracts 52

Contracts Government Law Marketing 52

Kluwer Copyright Blog

APRIL 17, 2023

Copyright, contract, and the rewards for UGC ’ and is based on the findings of the You Can Play project. In particular, the OGL was designed only to cover permissions to use ‘game mechanics’, specifically ‘methods, procedures, processes and routines’ detailed in an extensive System Reference Document.

Editing 56

Editing Contracts Publishing Copyright 56

Kluwer Copyright Blog

FEBRUARY 13, 2022

Protection Against Supremacy of Contracts. Supremacy Of Contracts. This post has given an overview of my working paper, which presents PIJIP’s User Rights Database, a novel dataset designed to measure changes in 24 nations’ laws on copyright exceptions over time. Exhaustion of Rights. Text And Data-Mining. Transformative Use.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

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

Indiana Intellectual Property Law

JULY 12, 2021

Watch is suing for false designation of origin and unfair competition under the Lanham Act, 15 U.S.C. and the Defend Trade Secrets Act of 2016, 18 U.S.C. Watch further claims Jarman did not disclose his departure from Watch to business partners of Watch and continued to use his position to garner business for GRiT.

Cease and Desist 52

Cease and Desist Confidentiality Business Designs 52

Patently-O

SEPTEMBER 13, 2021

FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. In 2016, HTC and Ericsson began negotiations to renew the license. Ericsson proposed a rate of $2.50 at *29-30, Higginson, J., concurring).

Licensing 54

Licensing Contracts Patent Law Law 54

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

LexBlog IP

JANUARY 19, 2024

Both drugs are PCSK9 inhibitors designed to lower low-density lipoprotein cholesterol. The class action plaintiffs alleged that J&J “worked to suppress competition and raise prices to purchases of [REMICADE] by imposing a web of exclusionary contracts on both health insurers and healthcare providers.”

Settlement 52

Settlement Litigation Patent Reporting 52

Plagiarism Today

JUNE 8, 2022

According to The Mercury News , In 2009, she was awarded a no-bid contract to be the sole grant writer for the county. At the beginning of this term, she was making $120,000 per year, an amount that had grown to $220,000 in 2016 and 2017. However, it was in 2018 that she was offered an additional contract. Bottom Line.

Plagiarism 250

Plagiarism Contracts Copying Editing 250

IP Tech Blog

JULY 10, 2023

foreign sales of products for which foreign buyers designated the U.S. Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. European Community, 579 U.S. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

JULY 10, 2023

foreign sales of products for which foreign buyers designated the U.S. ” Relying on its 2016 decision in RJR Nabisco Inc. 325 (2016) , the Court explained that the policy reason behind this presumption is to avoid the “international discord” that could result if U.S. European Community, 579 U.S. court forum.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

Technology & Marketing Law Blog

OCTOBER 28, 2022

Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). That’s not what the statute is designed to prevent. With respect to the “publicly available data” argument, the court decided that these facts were more akin to the facts of Power Ventures than those of hiQ Labs.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

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. cum laude from Georgia State University College of Law in 2016 and a B.S. Sara received her J.D. in English. in biological chemistry.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. 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.

Settlement 52

Settlement Litigation Marketing Marketing 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice.

IP 94

IP Contracts Social Media Copying 94

43(B)log

AUGUST 4, 2023

2016 survey says 59% of Americans would be willing to buy a smart gun, including 56% of political conservatives and 4 of 14 gun owners. 21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. stair climing wheelchairs.

Copyright 52

Copyright Fair Use Marketing Marketing 52

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Designed in US” can also work. Moose Knuckles parka, 2016, lacked qualifying statement (made with Canadian and imported components); settled for $750,000 donation.

Advertising 40

Advertising Advertising Law Privacy 40

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

TorrentFreak

JUNE 23, 2022

In addition to damages relating to the fraudulent notices, the company piled on with additional claims for copyright infringement, false designation, business defamation, breach of contract, and violations of consumer protection law. Whether by carelessness or design, it also included his real name: Nick Minor.

IP 138

IP Copyright Copyright Infringement Music 138

LexBlog IP

JUNE 28, 2023

6) Any previous contracts with third parties that granted a licence to exploit the intangible asset and that the beneficiary may have concluded in the past – before the act of infringement – are crucial for this calculation. The A & K Metaxopoulos & Partners Law Firm website can be accessed at www.metaxopouloslaw.gr.

Copying 52

Copying Copyright Law Copyright Editing 52

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

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

Only the State Labor Court of Baden-Württemberg depicted the relevant emoji in its ruling of 22 June 2016 (involving the monkey/bear face emoji depicted below); but it referred to them as “emoticons.” Some courts provide their own characterizations, such as “[laughing emoji],” “[sad emoji],” “[skull emoji],” and “middle finger emoji.”

Blogging 79

Blogging Social Media Publishing Reporting 79

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

LexBlog IP

NOVEMBER 28, 2021

The Internal Revenue Service generally requires that plans be restated on a six-year cycle, the last of which concluded in 2016. The ability of plan sponsors to rely on a pre-approved document is especially attractive since the IRS no longer accepts applications for approval of individually designed plans except in special circumstances.

Designs 52

Designs Design Contracts Government 52

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49