2019 and Contracts - Intellectual Property Pulse

California District Court Rejects Infringement Claim Brought Over 2019 Film Ad Astra

LexBlog IP

DECEMBER 21, 2023

Slaughter for the Central District of California granted motions for summary judgment against a screenwriter’s claims that the creation of Ad Astra , the 2019 Brad Pitt film, had infringed on a script he had written. [1] District Judge Fred W. Phillip Madison Jones, the screenwriter, sued Twentieth Century Studios, The Walt Disney Co.,

Copying

Copying Contracts Copyright Infringement Television

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to Breach of Contract

LexBlog IP

FEBRUARY 12, 2024

Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. 656938/2019 (Sup. Even before the plaintiff sat for a deposition, plaintiff moved for partial summary judgment on the breach of contract claim, which the Court granted. In Thomas O’ Connor v.

Contracts

Contracts Intellectual Property

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to Breach of Contract

LexBlog IP

FEBRUARY 9, 2024

Cohen highlights the hurdles that defendants face in trying to assert a fraudulent inducement defense to a breach of contract claim. 656938/2019 (Sup. Even before the plaintiff sat for a deposition, plaintiff moved for partial summary judgment on the breach of contract claim, which the Court granted. In Thomas O’ Connor v.

Contracts

Contracts Intellectual Property

Avoiding IPR via Contract

Patently-O

OCTOBER 7, 2021

US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. 2021)( KannuuSamsungDecision ). ” The potential deal fell apart and Kannuu eventually sued Samsung for patent infringement. Dodocase VR, Inc. MerchSource, LLC , 767 F.

Contracts

Contracts Intellectual Property Confidentiality Patent Infringement

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch? Handle, Inc.,

Advertising

Advertising Advertising Contracts Social Media

Pandemic ski resort closures allow both contract and advertising claims

43(B)log

SEPTEMBER 3, 2021

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Alterra Mountain Co., 2021 WL 2633326, No. 3d 834 (9th Cir.

Contracts

Contracts Advertising Advertising Licensing

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation

Litigation Contracts Advertising Advertising

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts

Contracts Advertising Advertising Social Media

Sports Turf Northwest Sues for Alleged Breach of Contract

Indiana Intellectual Property Law

SEPTEMBER 8, 2021

After negotiating new contract terms, a new agreement (“Agreement”) was apparently entered into on or about May 18, 2018. Heinen then allegedly purchased GreensGroomer in 2019 (the “Acquisition”). Heinen (“Heinen”) could not find an agreement on file on or about April 23, 2018. The case was assigned to Judge Jane E.

Contracts

Contracts Business Law

Plagiarism and Academic Integrity in the 2022 School Year

Plagiarism Today

AUGUST 16, 2022

Though distance learning is here to stay and education will likely never look exactly like it did in 2019, 2022 is still marks a return to something that as close to that previous norm as possible. 1: New Tools to Detect Contract Cheating. But one of the things that the pandemic changed with academic integrity was academic integrity.

Plagiarism

Plagiarism Contracts Copying Litigation

COVID-19 and electronic contracting

Barry Sookman

MARCH 24, 2020

To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures. Durocher, 2019 SKCA 97; R.

Contracts

Contracts Law Business Technology

3 Count: Extra Element

Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. Vizio argued that the matter should be heard by a federal court, which has sole jurisdiction over copyright matters, but the SFC argued it was a contract dispute, which would be heard in the state court. Let me know via Twitter @plagiarismtoday.

Contracts

Contracts Licensing Branding Brands

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

NOVEMBER 18, 2022

The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business

Business Contracts Branding Brands

Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. We have previously observed the importance of notice in the analogous context of electronic consumer contracts. It did not do so.”

Contracts

Contracts Copying Technology Licensing

Mad as a hornet over copyright infringement?

BYU Copyright Blog

JANUARY 18, 2022

Otto's Complaint alleges that he and the District entered into a contract on August 5, 1981, allowing the District's Athletic Department to use the Logo, but requiring written permission from Otto for specific uses. Between 1981 and 2019, the District apparently sought and received Otto's permission for each new use of the Logo.

Copyright Infringement

Copyright Infringement Copyright Contracts Government

3 Count: Database Audit

Plagiarism Today

JULY 12, 2021

1: Oracle Sues NEC Over Alleged Software Contract, Copyright Violations. The lawsuit is the direct result of an audit performed by Oracle of NEC ins 2019. The photo was taken of Lipa when she was in an airport in February 2019. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Licensing

Licensing Music Reporting Copyright

CJEU has received first reference on DSM Directive

The IPKat

OCTOBER 25, 2023

The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). 205/4 of the Belgium’s Code of Economic Law (as in force prior to the 2022 reform to implement Directive (EU) 2019/790).

Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts

Contracts Registration Litigation Copying

Restaurants Take Aim at Google, Alleging Deceptive Online Ordering Scheme

IP Watchdog

MARCH 8, 2022

The complaint explains that Google changed the way it displays restaurant search results in 2019, confusing customers into ordering through Google-designed ordering buttons and pages, thereby robbing the restaurants of direct online orders.

Contracts

Contracts Designs Design Government

[Guest post] French ruling on transposition of the principle of appropriate and proportionate remuneration

The IPKat

NOVEMBER 16, 2022

Here’s what Ludovico writes: French ruling on transposition of the principle of appropriate and proportionate remuneration by Ludovico Bossi Yesterday, by Decision n° 454477 , the French Conseil d’État stated that Directive (EU) 2019/790 (DSM Directive) has been insufficiently transposed in France, in particular concerning Article 18.

Contracts

Contracts Licensing Government Law

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Contracts

Contracts Music Related Rights Television

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging

Blogging Copyright Contracts Cease and Desist

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging

Blogging Contracts Copyright Law Copyright

Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

The IPKat

DECEMBER 15, 2023

This time, the dispute notably concerns both the originality of photographs and their use for a period exceeding that stipulated in the copyright assignment contract. In early 2019, Ms Y noticed that several of her other photos were still available online and had been altered. L'Oréal regularised the situation by renewing the licences.

Copyright Infringement

Copyright Infringement Copyright Cease and Desist Intellectual Property

Court Finally Rejects “Discrimination” Lawsuit Against YouTube–Divino v. Google

Technology & Marketing Law Blog

JULY 14, 2023

This long-running lawsuit started in 2019. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Contracts

Contracts Blogging Litigation Licensing

Scarlett Johansson v Disney Black Widow: What is a Theatrical Release in the Age of Streaming Services?

IPilogue

SEPTEMBER 2, 2021

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. In contract law, ambiguity is addressed in several ways.

Contracts

Contracts Confidentiality Law IP

When is an IP agreement between a university and a student inventor unfair?

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

Inventor IP Contracts Invention

Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

MARCH 9, 2022

District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims. In its breach of contract claim, Nippon Shinyaku alleged that Sarepta breached the forum selection clause by filing the IPR petitions. Nippon Shinyaku filed a complaint in the U.S. Int’l Shipping Corp.,

Patent Infringement

Patent Infringement Intellectual Property Contracts Confidentiality

The Not-Quite-So Legal Future for Web Scraping

Plagiarism Today

APRIL 20, 2022

In 2019, the same court found largely the same thing , but chose to revisit the issue following the Supreme Court ruling last year. Copyright and breach of contract are just two other areas to consider. In fact, it doesn’t really change much from it’s 2019 ruling either. Little has changed in the last three years.

Licensing

Licensing Government Plagiarism Copyright

3 Count: Dark Horse Dismissal

Plagiarism Today

MARCH 14, 2022

Genius filed the lawsuit in 2019 alleging that Google was unlawfully copying lyrics to songs that they had hosted. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws.

Settlement

Settlement Copyright Law Copying Plagiarism

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing

Licensing Trademark Contracts Branding

The Music Industry (Taylor’s Version)

IPilogue

JUNE 14, 2022

In 2019 , Ithaca Holdings acquired Big Machine Records for an estimated $300 million, including the master recordings for one of the most popular and successful musicians in the world: Taylor Swift. Sparks Fly. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music

Music Contracts Ownership Licensing

3 Count: Less Than Routine

Plagiarism Today

OCTOBER 21, 2021

First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay. Let me know via Twitter @plagiarismtoday. The lawsuit was filed by filmmakers Selton and Langston Shaw.

Copyright Infringement

Copyright Infringement Social Media Publishing Licensing

5 Things Students Need to Know About Plagiarism in 2022

Plagiarism Today

AUGUST 30, 2022

One of the major changes in the past decade has been the rise of contract cheating. Though online essay mills may dominate headlines, studies show that most contract cheating isn’t for money and happens on a more personal level. The one thing that is certain about the 2022 school year is that it will be very different from the 2019.

Plagiarism

Plagiarism Contracts Copying Editing

Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

MARCH 9, 2022

District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims. In its breach of contract claim, Nippon Shinyaku alleged that Sarepta breached the forum selection clause by filing the IPR petitions. Nippon Shinyaku filed a complaint in the U.S. Int’l Shipping Corp.,

Patent Infringement

Patent Infringement Intellectual Property Contracts Confidentiality

adult venue's insurer did not successfully exclude ads from ad injury coverage

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising

Advertising Advertising Settlement Contracts

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

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. 2019) 402 F.Supp.3d 2018) 893 F.3d

Blogging

Blogging Contracts Law Privacy

Plagiarism in Pop Culture: The Conners

Plagiarism Today

MARCH 7, 2022

The story is clearly based on the 2019 college admissions scandal. But while the show wears its inspiration on its sleeve, it actually does a decent job discussing a much larger issue: Contract cheating. When discussing the issue of contract cheating, online essay mills tend to dominate the coverage.

Plagiarism

Plagiarism Contracts Law

3 Count: Pulp NFT

Plagiarism Today

NOVEMBER 17, 2021

Nonetheless, Mirimax claims to hold all the copyrights and trademarks related to the film, prompting them to file a lawsuit for breach of contract, copyright infringement, trademark infringement and unfair competition. 2: John Lewis Sued by Self-Published Children’s Author Over Christmas Ad.

Non-Fungible Tokens

Non-Fungible Tokens Copyright Infringement Publishing Television

Sculptor sues glass maker over Swedish transposition of Article 20 DSM Directive and to test its temporal application

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts

Contracts Designs Design Copyright Law

[Guest Post] Complexities of audiovisual copyright claims in Nigeria: Ini Edo and Chinenye Nworah’s dispute over Shanty Town (Neflix)

The IPKat

MARCH 14, 2024

According to the documents published on the internet, the relationship between Ini Edo and Chichi Nworah began as a co-production agreement on December 13, 2019, with another named partner, Joy Odiete, to produce a slate of 5 movies in a 10-year timeline.

Copyright

Copyright Cease and Desist Ownership Registration

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

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. Right of remuneration (Sections 32 et seqq.

Contracts

Contracts Copyright Law Cease and Desist

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

Technology & Marketing Law Blog

JULY 20, 2023

For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019. Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. No thank you. Washington CPA.

Contracts

Contracts Social Media Publishing Blogging

An Idea Doesn’t Have to be Novel to be Stolen (In California)

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts

Contracts Law Artwork Copyright

California District Court Rejects Infringement Claim Brought Over 2019 Film Ad Astra

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to Breach of Contract

Trending Sources

New York County Commercial Division Decision Highlights the Hurdles Defendants Face in Asserting Fraudulent Inducement Defense to Breach of Contract

Avoiding IPR via Contract

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Pandemic ski resort closures allow both contract and advertising claims

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

How the New 2022 SAG-AFTRA Commercials Contract Affects Performers and Advertisers

Sports Turf Northwest Sues for Alleged Breach of Contract

Plagiarism and Academic Integrity in the 2022 School Year

COVID-19 and electronic contracting

3 Count: Extra Element

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Mad as a hornet over copyright infringement?

3 Count: Database Audit

CJEU has received first reference on DSM Directive

Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

Restaurants Take Aim at Google, Alleging Deceptive Online Ordering Scheme

[Guest post] French ruling on transposition of the principle of appropriate and proportionate remuneration

Greek collecting societies are not entitled to collect equitable remuneration for artists and producers not represented by them by contract or mandate

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Failure to comply with the terms of a copyright assignment agreement held to amount to copyright infringement in France

Court Finally Rejects “Discrimination” Lawsuit Against YouTube–Divino v. Google

Scarlett Johansson v Disney Black Widow: What is a Theatrical Release in the Age of Streaming Services?

When is an IP agreement between a university and a student inventor unfair?

Forum Selection Clause Can Preclude PTO Validity Challenges

The Not-Quite-So Legal Future for Web Scraping

3 Count: Dark Horse Dismissal

Anatomy of an NFT Fail: Trademark License Expires on F1 Delta Time.

The Music Industry (Taylor’s Version)

3 Count: Less Than Routine

5 Things Students Need to Know About Plagiarism in 2022

Forum Selection Clause Can Preclude PTO Validity Challenges

adult venue's insurer did not successfully exclude ads from ad injury coverage

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Plagiarism in Pop Culture: The Conners

3 Count: Pulp NFT

Sculptor sues glass maker over Swedish transposition of Article 20 DSM Directive and to test its temporal application

[Guest Post] Complexities of audiovisual copyright claims in Nigeria: Ini Edo and Chinenye Nworah’s dispute over Shanty Town (Neflix)

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Amazon Can Freely End Book Reviewer’s Authoring Privileges–Haywood v. Amazon

An Idea Doesn’t Have to be Novel to be Stolen (In California)

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