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

APRIL 12, 2023

alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s REMICADE (infliximab). In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., 200, and the Local 295 IBT Employer Group Welfare Fund.

Settlement 52

Settlement Contracts Reporting Marketing 52

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. McGraw-Hill Companies, Inc.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. More radically, the right to control the public lending of certain works could be eliminated ( IFLA, 2016 ).

Copyright 122

Copyright Art Licensing Contracts 122

JIPEL Copyright Blog

MAY 5, 2021

Now imagine that the reason for your silent drive to work is a few sentences in a contract that prevent these on-air personalities from returning to the airwaves for a year.”. Due to the nature of the business, anchors and other on-air personalities have the most value in their geographic market. 16-cv-11220, 2016 U.S.

Television 52

Television Contracts Marketing Marketing 52

IPilogue

OCTOBER 7, 2022

In an address to a parliamentary committee in 2016 , Rankin Inlet-based artist Theresie Tungilik noted that “[the] artist’s resale right will have a positive financial impact as 10% of Canada’s export is Inuit art.”. 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

43(B)log

AUGUST 12, 2021

30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. law tort and contract claims and one federal claim under the Lanham Act. He sued for D.C.-law

Editing 59

Editing Contracts Marketing Marketing 59

IP and Legal Filings

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. v] The Contract Labour (Regulation and Abolition) Act, 1970: The Act’s goal is to control the working conditions of contract labourers in factories and industries. v] The Contract Labour (Regulation and Abolition) Act, 1970.

Law 74

Law Contracts Business Government 74

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. Tito & Tita appeared first on Technology & Marketing Law Blog.

Social Media 79

Social Media Contracts Ownership Business 79

JIPEL Copyright Blog

NOVEMBER 18, 2021

However, the only three competitors in the music streaming market are Apple Music, Spotify, and Amazon. Together these three companies combine for 67% of the international market. The high market concentration makes one consider the potential antitrust violations due to such a high market concentration.

Music 40

Music Marketing Marketing Contracts 40

Trading Secrets

JANUARY 13, 2022

Fox originally filed suit in 2016, after Netflix hired two of its executives, Marcos Waltenberg and Tara Flynn. Background. Later in its opinion, the panel bolstered this analysis by pointing to the “extraordinarily broad” power afforded to courts fashioning remedies under the UCL. See Bus. & & Prof.

Contracts 52

Contracts Business Marketing Marketing 52

Trading Secrets

JULY 8, 2021

Indeed, in 2016, then Vice President Biden went on the record that “no one should have to sit on the sidelines because of an unnecessary non-compete agreement.” The United States has also seen continued market concentration and alleged impairments on worker mobility and competitiveness. It makes sense.”

Reporting 105

Reporting Contracts Business Government 105

LexBlog IP

JANUARY 13, 2022

Fox originally filed suit in 2016, after Netflix hired two of its executives, Marcos Waltenberg and Tara Flynn. Background. ” Later in its opinion, the panel bolstered this analysis by pointing to the “extraordinarily broad” power afforded to courts fashioning remedies under the UCL. ” See Ixchel Pharma, LLC v.

Contracts 52

Contracts Business Marketing Marketing 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. Facebook, Inc., 2023 WL 3483891 (S.D. May 16, 2023).

Contracts 71

Contracts Law Reporting Blogging 71

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

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Alkutkar joined Bumble in 2016. Your marketing and engineering teams are going to resent doing mandatory clickthroughs of amendments, so I imagine many of you will keep relying on email notice of amendments because they are so much simpler. Bumble appeared first on Technology & Marketing Law Blog. Bumble, Inc.

False Advertising 124

False Advertising Marketing Marketing Advertising 124

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

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). Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

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). Brazil also passed a gas law opening the LNG market to private companies, which faced criticism contending that using LNG to replace coal is not an effective strategy to reduce emissions.

Contracts 52

Contracts Government Law Marketing 52

JIPEL Copyright Blog

DECEMBER 3, 2021

In 2016, the St. The policy requires franchise owners to engage in “good faith” efforts to remain in their current market. However, if this were to go to trial, it could have significant ramifications for the future of NFL franchises and their ability to relocate out of smaller markets in an attempt to increase revenue.

Settlement 40

Settlement Marketing Marketing Contracts 40

LexBlog IP

MAY 19, 2023

” Although Warhol created the Prince Series nearly forty years ago and three years prior to Warhol’s death, it was not until 2016 when Condé Nast featured the “Orange Prince,” one of Warhol’s silkscreen prints, as part of its tribute to Prince’s passing that Goldsmith learned of the additional reproductions.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

43(B)log

FEBRUARY 3, 2023

Before 2016, appeared to be that these multipliers were impermissible punitive damages. Since 2016, shift either in practice or characterizations—quite a few different kinds of multipliers for exclusivity/scarcity/quality being applied to actual damages before final judgment separate from statutory damages. In 2016, Leonard v.

Copyright 59

Copyright Copying Music Fair Use 59

Patently-O

JULY 7, 2022

Avanci is a collective licensing platform (similar to a patent pool) that was formed in 2016 to license wireless SEPs to manufacturers in vertical markets including the automotive industry. Dismissal at the District Court (485 F. 3d 712 (N.D. Indian Head, Inc., 492, 501 (1988)) (485 F. 3d at 733). 3d at 734). 4th 476, 481 (5th Cir.

Licensing 87

Licensing Contracts Patent Law 87

The IPKat

OCTOBER 31, 2021

Adopted on 27 June 2013 and entered into force on 30 September 2016, it features ‘a clear humanitarian and social development dimension’ dedicated to protecting the right to read for the blind, visually impaired and otherwise print disabled people (VIPs). The Marrakesh Treaty is one of the WIPO’s administered international copyright treaties.

Publishing 76

Publishing Government Copyright Law Copyright 76

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. market” by VNG. content owners.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

IP and Legal Filings

FEBRUARY 28, 2023

The Court held that when the parties to the suit entered into a contract with a clause regarding the security cheque, there was no subsisting liability or debt which is why the contract itself makes it clear that the cheque had to be handed over as a security. 867 of 2016 [xii] Criminal Appeal Nos.

Contracts 79

Contracts Business Settlement Law 79

Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

Ownership 98

Ownership Business Contracts Law 98

43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 45

Editing Contracts Copying Law 45

LexBlog IP

JULY 8, 2021

” Indeed, in 2016, then Vice President Biden went on the record that “no one should have to sit on the sidelines because of an unnecessary non-compete agreement.” The United States has also seen continued market concentration and alleged impairments on worker mobility and competitiveness. It makes sense.”

Reporting 52

Reporting Contracts Business Government 52

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Do the streaming services allow users to make copies and is this type of software legal?

Copying 114

Copying Social Media Licensing Technology 114

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

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. Power Ventures was a 2016 case involving Facebook (back when the company itself was still known as Facebook). But that is precisely what courts are allowing it to be used for.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Patently-O

SEPTEMBER 13, 2021

In 2016, HTC and Ericsson began negotiations to renew the license. However, this case did not sound in patent infringement, but in breach of contract. patent law with no reference to French contract law. Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. Ericsson proposed a rate of $2.50

Licensing 54

Licensing Contracts Patent Law Law 54

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. market” by VNG.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch.

Settlement 52

Settlement Litigation Patent Reporting 52

LexBlog IP

JANUARY 13, 2022

He is responsible for day-to-day operations, and the negotiation and performance of all contracts of ITMedia Solutions. [He] Back in 2016, the agency had to file a petition in federal court to enforce the Civil Investigative Demand that it had issued ITMedia. This matter has been kicking around for quite some time.

Business 52

Business Contracts Marketing Marketing 52

LexBlog IP

DECEMBER 28, 2021

While your business may be based outside of California, if you have clients in California or marketing targeting California residents or companies, you may be responsible for adhering to California data privacy regulations.   2016: NIST SP 800-171. Ensure data privacy measures are included in contracts.

Privacy 52

Privacy Government Intellectual Property Business 52