IPilogue

NOVEMBER 18, 2022

A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks. 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.

Business 131

Business Contracts Branding Brands 131

IP Intelligence

JUNE 5, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Unlimited Prepaid, Inc. Air Voice Wireless LLC , 2018 WL 6303852 (C.D. 15 U.S.C. § 45(m)(1)(A).

Licensing 52

Licensing Due Diligence Business Trademark 52

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 107

Advertising Advertising Contracts Social Media 107

LexBlog IP

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Unlimited Prepaid, Inc. Air Voice Wireless LLC , 2018 WL 6303852 (C.D. 15 U.S.C. § § 45(m)(1)(A).

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

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 85

Litigation Contracts Advertising Advertising 85

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 52

Contracts Advertising Advertising Social Media 52

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. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Copyright Infringement 194

Copyright Infringement Social Media Publishing Licensing 194

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 94

Blogging Contracts Cease and Desist Social Media 94

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. The post 3 Count: Dark Horse Dismissal appeared first on Plagiarism Today.

Settlement 204

Settlement Copyright Law Copying Plagiarism 204

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. licenses for specific uses). Furthermore, procedural safeguards ( Quintais et al.,

Copyright 122

Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. ” Amazon claimed its TOS mandated arbitration.

Contracts 76

Contracts Copying Technology Licensing 76

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

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.

Music 120

Music Contracts Ownership Licensing 120

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. That is true no matter what the headlines say.

Licensing 242

Licensing Government Plagiarism Copyright 242

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. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Non-Fungible Tokens 156

Non-Fungible Tokens Copyright Infringement Publishing Television 156

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 123

Contracts Licensing Government Law 123

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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 79

Contracts Blogging Litigation Licensing 79

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 78

Blogging Copyright Contracts Cease and Desist 78

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

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 116

Contracts Registration Litigation Copying 116

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 90

Blogging Contracts Copyright Law Copyright 90

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 62

Contracts Designs Design Copyright Law 62

TorrentFreak

AUGUST 20, 2022

Contracts that ban fighters from being independently and visibly sponsored at the most lucrative times are another point of contention. If fighters do well under contract but want to leave or make money in another sport, people not called McGregor needn’t apply. If people want access to content, UFC will license it to them.

Fair Use 106

Fair Use Copyright Licensing Intellectual Property 106

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 125

Privacy Law Contracts Designs 125

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

LexBlog IP

JANUARY 24, 2024

Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789. It has several aims, including the following: To facilitate copyright and related rights licensing in protected works and other subject matters in certain television transmissions and radio programs. To introduce a mechanism of extended copyright licensing.

Copyright Law 52

Copyright Law Law Copyright Television 52

IP and Legal Filings

JULY 21, 2022

The United Kingdom on the recommendation of the Whitford Committee on the issue of reprography established “Copyright Licensing Agency” which offers a blanket license to schools and colleges for a negotiated annual fee. for taking reprographic usage licenses after paying a prescribed tariff. The number suggests its misery.

Copyright 84

Copyright Licensing Higher Education Copying 84

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 73

Privacy Law Intellectual Property Music 73

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 99

Blogging Contracts Law Privacy 99

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

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 59

Contracts Social Media Publishing Blogging 59

TorrentFreak

SEPTEMBER 19, 2022

The hacking allegations come from Mr. May, who played Destiny 2 and agreed to its Limited Software License Agreement (LSLA) in the fall of 2019. This didn’t stop Bungie from accessing Mr. May’s computer on several occasions between 2019 and 2021, as evidence gathered through discovery suggests. Hacking Allegations.

Copyright Infringement 92

Copyright Infringement Copyright Copying Licensing 92

Patently-O

SEPTEMBER 13, 2021

Disclosure statement: in 2019, the author served as an expert for HTC in an unrelated, non-U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. LEXIS 26250, __ F.4 4 th __ (Fed.

Licensing 54

Licensing Contracts Patent Law Law 54

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 98

Contracts Copyright Law Cease and Desist 98

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

TorrentFreak

JANUARY 31, 2023

“The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. They are predicated on the claim that MindGeek (MG Premium) signed a bilateral agreement with Goodporn in 2019, to transfer the rights of its content.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82