Velocity of Content

NOVEMBER 2, 2021

The 2021 Charleston Conference will be held in hybrid model this year, including streamed in-person presentations as well as virtual, hosted sessions. Transformative Agreements require librarians to negotiate and manage elaborate, multi-year contracts that impact budgets, research practices, and faculty expectations.

Contracts 96

Contracts Publishing Technology Copyright 96

Technology & Marketing Law Blog

OCTOBER 31, 2021

Other dubious rulings in 2021 include Select Comfort v. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve

Contracts 112

Contracts Litigation Blogging Law 112

LexBlog IP

JANUARY 7, 2022

19, 2021) (Kendall, J.). 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

Contracts 52

Contracts Government Intellectual Property 52

Patently-O

AUGUST 25, 2021

2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. The Federal Circuit’s new decision in DynCorp v.

Contracts 94

Contracts Government Patent 94

Patently-O

OCTOBER 7, 2021

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

Contracts 70

Contracts Intellectual Property Confidentiality Patent Infringement 70

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Jurisdiction.

Editing 145

Editing Law Privacy Contracts 145

43(B)log

SEPTEMBER 21, 2021

3d -, 2021 WL 790638 (S.D.N.Y. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the pandemic. Thus, some but not all breach of contract claims survived. A reversal of the usual result: contract claims are usually much narrower than unfair trade practices claims.]

False Advertising 59

False Advertising Contracts Advertising Advertising 59

LexBlog IP

JULY 16, 2021

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. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

LexBlog IP

JULY 21, 2021

2021 NY Slip Op 50510(U) (Sup. 2021), Justice Richard M. Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed. Albany Cnty.

Contracts 52

Contracts Technology Business Intellectual Property 52

LexBlog IP

NOVEMBER 15, 2021

The world of college athletics changed forever on July 1, 2021. There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. To form a contract, three main ingredients are required. By: Jacob Parrott.

Contracts 52

Contracts Social Media Law Business 52

43(B)log

SEPTEMBER 3, 2021

2021 WL 2633326, No. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Goodrich v. Alterra Mountain Co., 20-cv-01057-RM-SKC (D.

Contracts 59

Contracts Advertising Advertising Licensing 59

Barry Sookman

JULY 11, 2021

Computer and Internet Weekly Updates for 2021-07-03 [link] 2021-07-04. Detailed analysis by the court of principles related to contract formation 2021 BCSC 1222 (CanLII) | Wang v Jin | C… [link] 2021-07-04. Equif… [link] 2021-07-04. WRIGHT PATT CREDIT UNION, 2021 Ohio 22… [link] 2021-07-05.

Contracts 57

Contracts Government Intellectual Property Law Copyright Law 57

The IPKat

NOVEMBER 16, 2022

On the other hand, Articles 19-22 of the Directive provide for ex-post equalisation measures, i.e., operating after the contract has been concluded (transparency obligation; contract adjustment mechanism; alternative dispute resolution procedure; right of revocation).

Contracts 123

Contracts Licensing Government Law 123

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. 2d) 377 (S.C.); 2d) 578 (C.A.);

Contracts 52

Contracts Law Business Technology 52

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

JD Supra Law

SEPTEMBER 14, 2021

On August 2, 2021, in Omni MedSci, Inc. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s Apple Inc., 20-1715, slip op. s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing.

Contracts 95

Contracts Invention Patent Infringement Patent 95

LexBlog IP

SEPTEMBER 29, 2021

The Government has published its legislation programme for Autumn 2021. The Heads of Bill were published on 9 January 2020, with additional provisions approved on 8 December 2020 and 18 May 2021. The Heads of Bill were approved on 20 April 2021. The Heads of Bill were approved on 14 April 2021.

Publishing 40

Publishing Government Contracts Law 40

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

LexBlog IP

FEBRUARY 18, 2022

Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance. Many states proposed or passed restrictions on non-compete clauses in contracts, including Illinois, Nevada, Oregon and DC.

Contracts 52

Contracts Government Litigation Privacy 52

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. Since he used the company resources to produce the drawings, the architectural drawings became commissioned works by the Company under a contract of service. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Germany’s implementation of Art.

Copyright 52

Copyright Law Copyright Law Contracts 52

JD Supra Law

OCTOBER 1, 2021

In our May 2021 Newsletter, we discussed whether patent owners could contract away the ability for a challenger to bring Patent Trial and Appeal Board (PTAB) invalidity challenges, e.g., inter partes or post grant reviews. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Contracts 52

Contracts Patent 52

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

LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

IP and Legal Filings

APRIL 1, 2024

CONTRACT OF SERVICE AND CONTRACT FOR SERVICE In the realm of the Copyright Act, the relationship between the employer and its employee, i.e. the very nature and scope of the employment is a key mitigating factor that decides whether the ownership of the intellectual property created by its author will be awarded to him or his employer.

Ownership 84

Ownership Copyright Intellectual Property Contracts 84

LexBlog IP

DECEMBER 27, 2021

As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. Antitrust Litigation Continues: The industry has been watching as litigation continues on antitrust claims against AbbVie and J&J regarding their patenting and contracting practices.

Litigation 52

Litigation Intellectual Property Patent Contracts 52

LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. The principal areas of law discussed were copyright and contracts.

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. 17 of the CDSM Directive.

Copyright 52

Copyright Public Domain Marketing Marketing 52

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

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 106

Contracts Confidentiality Law IP 106

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 211

Plagiarism Contracts Copying Litigation 211

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. 9, 2021, No. See, e.g., Britt v.

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Blogging Contracts Law Privacy 99

Kluwer Copyright Blog

FEBRUARY 24, 2023

Photo by Christian Wiediger from Unsplash 2021 saw a very active German Bundesgerichtshof (“BGH” – Federal Supreme Court) in the area of copyright law. Part I addressed decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law.

Copyright 52

Copyright Law Due Diligence Copyright Infringement 52

azrights

APRIL 22, 2021

World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses. The video is particularly apt for World IP day 2021 centring as it does on IP and SMEs, which is this year’s World IP day focus. The Azrights animation video.

IP 52

IP Intellectual Property Branding Brands 52

Patently-O

MARCH 7, 2022

Waste Management detected some suspicious activity on its servers in January 2021, but did not discover that there was a real breach until May 2021. The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

Privacy 116

Privacy Contracts Licensing Litigation 116

The IPKat

APRIL 19, 2023

On 30 April 2021, Free Holdings, a Canadian company, re-registered McCoy’s Quantum name in the Namecoin blockchain. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. a jpeg) stored on the cloud. are applicable to it.

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Non-Fungible Tokens Artwork Contracts Art 120