The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend.

Contracts 60

Contracts Social Media Business Blogging 60

The IPKat

OCTOBER 28, 2021

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? 75, (Cambridge University Press, 2021). [2] 2d 511 (9th Cir.

Non-Fungible Tokens 82

Non-Fungible Tokens Government Law Intellectual Property 82

The IP Law Blog

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 98

Copyright Infringement Copyright Licensing Intellectual Property 98

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage. “Therefore, her claim fails.”

Copyright 78

Copyright Music Contracts Settlement 78

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 87

Licensing Contracts Patent Law 87

Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. ” Products Liability. Implications.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2016) 245 Cal.App.4th

Blogging 99

Blogging Contracts Law Privacy 99

The IPKat

DECEMBER 9, 2022

In 1993, the joint owners agreed to license the use of that trade mark to a company for an indefinite period and free of charge. Subsequently, in 2006, one of the owners sought to terminate that contract against the will of the other owners. A relaxed discussion between IP co-owners. It seems to me that the answer could be yes.

Ownership 52

Ownership Law Contracts IP 52

LexBlog IP

MARCH 23, 2023

Evox Productions creates and licenses images of cars. In 2003, it licensed its images to Chrome Data Solutions, LP, for a five-year period. Evox also tried to argue that because the license agreement with Chrome had expired years earlier, the provision shortening the statute of limitations period no longer applied.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Intellectual Property 52

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 114

Copying Social Media Licensing Technology 114

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. dispute back in the Ninth Circuit in 2016. Breach of Contract 2. Tortious Interference with a Contract 3. Power Ventures, Inc. Facebook v.

Cease and Desist 120

Cease and Desist Blogging Contracts Social Media 120

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

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 54

Licensing Contracts Patent Law Law 54

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Before 2016, appeared to be that these multipliers were impermissible punitive damages. In 2016, Leonard v. Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know.

Copyright 59

Copyright Copying Music Fair Use 59

The TTABlog

APRIL 6, 2022

Illyrian began distributing the products in 2016 and established a first use date of July 31, 2016. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy.

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. ” * Doe v. Facebook, Inc., 2023 WL 3483891 (S.D. May 16, 2023).

Contracts 71

Contracts Law Reporting Blogging 71

Plagiarism Today

SEPTEMBER 28, 2021

Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol. Goldsmith became aware of the series after Prince’s death in April 2016 and that resulted in the lawsuit. The case actually went back to 1981, when Goldsmith took the photos of Prince.

Fair Use 232

Fair Use Non-Fungible Tokens Copyright Social Media 232

The IP Law Blog

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. or other places outside Vietnam.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

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. Further, Maryland courts allow departing employees to take preparatory actions.

Social Media 79

Social Media Contracts Ownership Business 79

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). Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . More on COP26. Hero Image: 29441.

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). Bill 3729/2004 was also approved by Congress, which creates more flexible and simpler processes for environmental licensing within Brazil. . More on COP26. Hero Image: 29441.

Contracts 52

Contracts Government Law Marketing 52

Technology & Marketing Law Blog

JULY 22, 2021

2016); Nat’l Numismatic Certification, LLC v. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.” 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

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

43(B)log

JUNE 6, 2023

This also required reversal of the NYGBL §349 false advertising claim and tortious interference with business relations claim, though the tortious interference with contractual relations claim still failed for want of specific allegations of interfered-with contracts.

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

AUGUST 25, 2022

In 2016, the Ninth Circuit reversed that decision and ordered the district court to allow Lang Van to conduct discovery directed at jurisdictional issues. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. content owners.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. CCI ) and then again in 2020 ( Monsanto v.

Patent 98

Patent Licensing Invention Marketing 98

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 130

Publishing Contracts Art Copyright 130

The IPKat

OCTOBER 7, 2021

After disputes between Monsanto and the Government about cotton fibre length (a determinant of international cotton prices), Bt cotton was no longer grown from 2016 onwards. Just by contracting with AICB, Monsanto could capture the cotton areal. Between 2008-2015, the technology was upscaled to 70 percent of the Burkinabe cotton areal.

Patent 76

Patent Government IP Technology 76

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.

False Advertising 124

False Advertising Marketing Marketing Advertising 124

LexBlog IP

JANUARY 19, 2024

The FDA had accepted the Biologics License Application for priority review in November 2022. 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

LexBlog IP

DECEMBER 28, 2021

  2016: NIST SP 800-171. It is essential for companies engaging in international data transactions to carefully review their data privacy policies and contracts to ensure that they are compliant with E.U. Ensure data privacy measures are included in contracts. Global Data Privacy Regulations (GDPR).

Privacy 52

Privacy Government Intellectual Property Business 52

IP Tech Blog

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. Relying on its 2016 decision in RJR Nabisco Inc. European Community, 579 U.S. court forum.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

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. You see ratesetting and other key license provisions. Super-narrow © license. Consent decree frameworks; statutory licenses; antitrust law reform against tacit collusion; MFN clause ban.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

JULY 10, 2023

The defendant below originally operated as a licensed distributor for these products, but later concluded that it held the rights to much of the plaintiff’s intellectual property, including the black and yellow marks on the products at issue. ” Relying on its 2016 decision in RJR Nabisco Inc. European Community, 579 U.S.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

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. Chris received his J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52