LexBlog IP

JULY 16, 2021

The finalized EDPB Guidelines on the concepts of controller and processor (07/2020) in the GDPR were published this week. The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

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.” Defendants declined to refund their money. 3d 834 (9th Cir.

Contracts 59

Contracts Advertising Advertising Licensing 59

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. After the expiration of the Agreement, Sports Turf attempted to negotiate a new contract, but Heinen apparently only wanted an “arrangement” and not a formal contract.

Contracts 40

Contracts Business Law 40

Canadian Intellectual Property Blog

JANUARY 20, 2021

Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract. Callow Inc. Hrynew, 2014 SCC 71.

Contracts 52

Contracts Intellectual Property Intellectual Property Law Litigation 52

Technology & Marketing Law Blog

AUGUST 12, 2023

In 2020, he performed procedures for four patients, Chesson, Gage, Melton, and Robinson (tragically now deceased). ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 68

Contracts Licensing Business Blogging 68

IP Law 360

MAY 17, 2022

Patent pool MPEG LA skipped out on more than $11 million in royalty payments to Samsung for video compressing patents as a way of punishing the electronics giant for leaving the pool in early 2020, according to a breach of contract suit filed in New York state court.

Patent 98

Patent Contracts 98

Plagiarism Today

AUGUST 16, 2022

The 2020 and 2021 school years were altered heavily by the COVID-19 pandemic, creating a push to distance learning as schools struggle to stay open. 1: New Tools to Detect Contract Cheating. That caused many students to look to contract cheating, either locally or through online essay mills.

Plagiarism 209

Plagiarism Contracts Copying Litigation 209

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 52

Contracts Music Related Rights Television 52

Plagiarism Today

DECEMBER 7, 2022

I highlighted this in 2020 by paying a writer $10 to write an essay on the history of copyright , which they did in two days time with a reasonable amount of quality. Obviously, this will have major impacts, but there is some hope that the tools developed to combat contract cheating will also work here. New Tools, New Problems.

Plagiarism 233

Plagiarism Contracts Journalism Advertising 233

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. 14, 2020, No. 3, 2020) 442 F.Supp.3d

Blogging 99

Blogging Contracts Law Privacy 99

Patently-O

APRIL 10, 2024

In February 2014, FisherBroyles contracted with CPA Global, the big IP management services company, to provide patent docketing services. In September 2020, the Robinson sued FisherBroyles for malpractice and breach of contract. The contract should not disclaim third-party liability.

Contracts 75

Contracts Law Inventor Patent Application 75

IP Law 360

SEPTEMBER 3, 2021

This past week in London has seen Kazakh mining company ENRC file libel lawsuits over a 2020 book, the Solicitors Regulation Authority take action against a human rights lawyer and London's police force facing an unfair contract procurement claim.

Litigation 86

Litigation Contracts 86

Plagiarism Today

OCTOBER 12, 2022

In early 2020, as COVID-19 was starting to become a concern, a jury awarded the NMPA a meager $189,500 in damages for the 197 infringed works. However, in November 2020 the judge ruled that there was no “miscarriage of justice” and now the Second Circuit has upheld that decision.

Licensing 165

Licensing Music Television Plagiarism 165

LexBlog IP

DECEMBER 20, 2023

Several months prior to trial, in September 2020, Intel filed a motion to stay the litigation due to a new license defense the company wished to assert. 2] ” In July 2020, affiliates of investment management firm Fortress Investment Group LLC (“Fortress”) acquired Finjan, bringing Finjan under the control of Fortress.

Licensing 52

Licensing Contracts Litigation Technology 52

LexBlog IP

JULY 20, 2021

After a year-long delay, the 2020—now 2021—Tokyo Olympic Games will begin July 23. Thankfully, most of the revenue that Japan and the IOC will receive from the 2020 Tokyo Olympics are from television broadcast rights and sponsorship deals. By: Hannah Norem.

Contracts 76

Contracts Television Art Branding 76

IP Law 360

SEPTEMBER 8, 2023

Sony Interactive Entertainment LLC is fighting to disqualify a legal team from representing a Nevada toy-maker that sued Sony in California federal court for contract violations in 2020, arguing the lawyers consulted with the entertainment giant's former in-house counsel who shared privileged information with the plaintiffs.

Confidentiality 40

Confidentiality Contracts 40

The IPKat

AUGUST 3, 2022

These rights are often owned by different people, and are governed by contracts, so who owns what and how much they earn depends on the agreement between the parties. In 2020, Kelis revealed in an interview that she is not credited and does not receive any royalties from her two albums produced by The Neptunes.

Music 143

Music Contracts Copyright Government 143

43(B)log

APRIL 3, 2024

Collectively they’re called “contracted service providers” (CSPs). It also provides brokerage services for CSPs interested in selling their business or otherwise assigning their CSP contracts, and it provides instructional courses and programs for CSPs. Without literal falsity, the complaint didn’t allege misleadingness.

False Advertising 45

False Advertising Contracts Business Advertising 45

IP Tech Blog

MAY 19, 2023

billion in 2020 to $24.1 This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. billion by 2025, at a compound annual growth rate of 32%.

Marketing 57

Marketing Marketing Branding Brands 57

LexBlog IP

JULY 26, 2023

15/2020 Consumer Protection Law and Federal Decree-Law No. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable. 15/2020 include fines and imprisonment for non-compliance.

Business 52

Business Advertising Advertising Contracts 52

Plagiarism Today

JUNE 28, 2022

However, after talks to produce the show ended, BET went forward with the idea, BET launched a similar show in March 2020 at the start of the pandemic. This prompted Walkie Check to sue for breach of an implied contract, unjust enrichment and copyright infringement.

Copyright Infringement 178

Copyright Infringement Television Plagiarism Copyright 178

LexBlog IP

MAY 19, 2023

billion in 2020 to $24.1 This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. billion by 2025, at a compound annual growth rate of 32%.

Marketing 52

Marketing Marketing Contracts Branding 52

IPilogue

JULY 15, 2021

In 2020, a licensed Harley Quinn-inspired Birds of Prey collection by Her Universe did not involve the film’s costume designer, Erin Benach. Many costume designers’ contracts with big production companies currently do not address involvement in merchandising. Conflict arises in contracts’ terms.

Licensing 106

Licensing Contracts Designs Design 106

IPilogue

JUNE 14, 2022

Swift, in being denied an opportunity to bid for her masters, announced in late 2020 that she would re-record her entire pre-2019 catalogue in order to regain control of her music and limit the profitability of Ithaca’s asset. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

Patently-O

AUGUST 30, 2022

Contract not Copyright: Genius does not hold the copyright to the lyrics and so has no copyright infringement claim. The complaint asserts breach of contract based upon violation of its terms of service; unfair competition (based upon state law); and unjust enrichment. LyricFind scraped the data and then sold it to Google. Genius sued.

Copyright Law 79

Copyright Law Copyright Law Contracts 79

JD Supra Law

MARCH 22, 2022

2020-1415, -1416, -1919, -1920 (Fed. District Court for the Eastern District of Virginia, has something for everyone: questions of venue and statutory interpretation, invalidity and written descriptions, contracts and co-ownership of patents, and willfulness, injunctions, and royalty rates. Scientific and Indus. Research Org.,

Ownership 52

Ownership Contracts Patent 52

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

IP Watchdog

JULY 25, 2023

Ethicon first filed a complaint against the defendant Mudassar Shah in July 2020 and alleged federal and state trademark infringement of five different trademarks.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

Plagiarism Today

AUGUST 30, 2022

For many, it will be the first “normal” year since the start of the pandemic in 2020. 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.

Plagiarism 214

Plagiarism Contracts Copying Editing 214

Plagiarism Today

AUGUST 2, 2021

Universal, Disney, Netflix, Amazon, Paramount, Sony are among the group that have teamed up to sue Tusa for both copyright infringement and breach of contract. .” As such, Warner Bros., In addition to damages, they are also seeking a preliminary injunction to prohibit future infringement and freeze websites operated by the service.

Copyright Infringement 246

Copyright Infringement Copyright Law Reporting Licensing 246

Trading Secrets

JANUARY 24, 2024

In the accompanying press release , SEC Enforcement Director Gurbir Grewal reiterated the rule’s breadth and proclaimed, “Whether it’s in your employment contracts, settlement agreements or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.”

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

The IPKat

NOVEMBER 26, 2021

Bill has now been published , proposing new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. Background Readers may have followed the IPKat reports on the UK DCMS Select Committee Streaming Inquiry [ here ], which took place in October 2020. What happens next?

Copyright 98

Copyright Music Contracts Publishing 98

Technology & Marketing Law Blog

JULY 14, 2022

In 2020, Sifuentes sued Dropbox for a 2012 data breach. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v.

Contracts 107

Contracts Blogging Business Law 107

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 96

Contracts Law Artwork Copyright 96

Kluwer Copyright Blog

SEPTEMBER 9, 2021

Although the contract between a makeup artist and her publisher described the artist as the author of the book, the dispute still arose under the Copyright Act because “author” is a term defined under the Act. Kelley, August 12, 2020, Higginbotham, P.). Case date: 12 August 2021. Case number: No. 20-20523.

Copyright 52

Copyright Contracts Ownership Publishing 52

LexBlog IP

JANUARY 24, 2024

In the accompanying press release , SEC Enforcement Director Gurbir Grewal reiterated the rule’s breadth and proclaimed, “Whether it’s in your employment contracts, settlement agreements or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.”

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

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 98

Licensing Trademark Contracts Branding 98