Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. 2022 WL 17737285 (D. The website is not set up to permit third parties to independently post articles. 2022 WL 4456077 (C.D. July 29, 2022). Google LLC v Defteros [2022] HCA 27. June 16, 2022).

Social Media 113

Social Media Publishing Marketing Marketing 113

Nelligan Law

JULY 29, 2022

Reading Time: 2 minutes Deemed Infectious Diseases Emergency Leave (IDEL) is set to expire on July 30, 2022 – Here’s why employers and employees should be paying attention. Nelligan Law is grateful for the contribution of articling student Emma Lodge in writing this blog post. Paid and Unpaid Infectious Disease Emergency Leave.

Contracts 88

Contracts Blogging Government Law 88

The IPKat

NOVEMBER 16, 2022

The IPKat is pleased to host this guest contribution by Katfriend Ludovico Bossi (Tavella Studio di Avvocati) on yesterday’s decision of the French Council of State, which found the French transposition of Article 18 of the DSM Directive [IPKat posts here ] … inappropriate.

Contracts 123

Contracts Licensing Government Law 123

Kluwer Copyright Blog

MARCH 18, 2024

Part II will focus on copyright contract law and claims under copyright law. IV. Copyright contract law (Sections 31 et seqq. This aspect of copyright contract law has so far not been harmonised by EU law. In the course of the reform implementing Art. This is the so-called “purpose of the parties” doctrine or theory.

Law 64

Law Copyright Law Copyright Contracts 64

The IPKat

MAY 30, 2023

Some critical reflections on the Commission Proposal 2022/0408/COD by Guillem Gabriel-Pizarro On 7 December 2022, the European Commission released the Directive Proposal 2022/0408/COD , which aims to harmonize certain aspects of insolvency law. It seeks to harmonize certain substantive issues in the assignation (27.1)

Intellectual Property 52

Intellectual Property Contracts IP Business 52

Kluwer Copyright Blog

MARCH 14, 2024

Photo by Christian Wiediger from Unsplash This article continues the tradition of reporting on the copyright case law of the German Bundesgerichtshof, the highest German civil court for copyright matters (Federal Court of Justice – “BGH”). This article is divided into two parts. I. Copyright protection 1.

Law 64

Law Music Copyright Art 64

IP and Legal Filings

APRIL 29, 2024

These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits. These contracts are typically signed for a specific period, and the terms may vary depending on the sport and the athlete’s performance.

Law 77

Law Contracts Government Art 77

LexBlog IP

JANUARY 31, 2022

More often than not, today’s websites offer robust features and content such as article commenting/discussion groups and “pay-wall” access to restricted content and features. Two Types of Online Contracts. Almost every commercial website provides some amount of information and resources. Click-wrap Agreements.

Contracts 52

Contracts Social Media Licensing Business 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

LexBlog IP

JANUARY 16, 2023

In case you missed it, my article, “Six Things You Can Do to Improve Your Contracts,” from ASID Impact Illinois Magazine, Issue Two, 2022, is discussed below. Six Things You Can Do to Improve Your Contracts. Here’s a quick summary. 866)734-2568 and David [at] adler-law.com. Cell Phone Video.

Contracts 52

Contracts Business Law Intellectual Property 52

LexBlog IP

JANUARY 1, 2024

This article discusses the legal consequences an employee may face for disclosing confidential information to competing companies in the UAE, based on Federal Decree-Law No. 1/2022 on the Implementing Regulation of Federal Decree-Law No. 1/2022 on the Implementing Regulation of Federal Decree-Law No.

Confidentiality 52

Confidentiality Contracts Intellectual Property Business 52

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. Law 4996/2022 was implemented into the Greek legislation EU Directive 2019/789.

Copyright Law 52

Copyright Law Law Copyright Television 52

BYU Copyright Blog

JANUARY 18, 2022

On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 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.

Copyright Infringement 95

Copyright Infringement Copyright Contracts Government 95

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. The plaintiffs enlisted writer and professor Henry Bean to opine on the similarities between Yonay’s article and the sequel film.

Copyright 93

Copyright Copyright Infringement Social Media Licensing 93

The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). 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

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 123

Contracts Publishing Licensing Editing 123

IPilogue

JUNE 28, 2022

In March, the Law Society of Ontario (LSO) announced that it would cancel its March 2022 licensing examinations , citing information that “strongly indicat[ed] that examination content [had] been improperly accessed by some candidates” and evidence of “potential involvement of third parties in this activity.”

Copyright 118

Copyright Licensing Copyright Infringement Contracts 118

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

NOVEMBER 15, 2022

In this case “Juventus claimed that the realization and commercialization by Blockeras of its Coin of Champions and NFT-based cards would infringe its trade mark rights” (from Eleonora’s article). As anything else which is written on a blockchain, the smart contracts, once deployed (i.e.,

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

The IPKat

OCTOBER 25, 2023

Though the Royal Decree was adopted before the final transposition date for the DSM Directive (7th of June 2021) and before Belgium actually transposed the Directive in 2022, the preamble to the Royal Decree does cite the Directive as one of its sources. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

IPilogue

JANUARY 9, 2023

This article was written as a requirement for Prof. Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. Pina D’Agostino’s IP Intensive Program.

Business 110

Business Privacy Contracts Confidentiality 110

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Last update: Friday, 9 December, 2022 - 00:15. Read more. . CMA increased focus on greenwashing.

Social Media 52

Social Media Branding Brands Branding 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 5, 2022

The ITC monthly wrap-up for March 2022 focuses on two Federal Circuit decisions that help explore two of the major differences between patent litigation in the International Trade Commission (ITC) and federal district court: (1) the form of relief (injunctive relief; not monetary damages), and (2) the domestic industry requirement per 19 U.S.C.

Contracts 52

Contracts Litigation Patent Designs 52

Technology & Marketing Law Blog

NOVEMBER 9, 2022

Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. And courts routinely hold that Section 230 immunizes platforms from contract claims, where, as here, they seek to impose liability for protected publishing activity.” Breach of Contract. Implications.

Contracts 72

Contracts Publishing Blogging Government 72

Olartemoure Blog

AUGUST 12, 2022

On 28 July 2022, the Council of State declared the nullity of articles 80 and 81 of Decree 1829 of 2013, which established general provisions of arbitration agreement in standard form contracts. This decision resolved a long-standing discussion regarding the effectiveness of arbitration clauses in contracts of adhesion.

Contracts 52

Contracts Intellectual Property Government Reporting 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term.

Contracts 92

Contracts Social Media Advertising Advertising 92

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” For a comprehensive roundup of account termination cases, see this article from last year. April 20, 2022). Also, Facebook’s TOS waives special damages. Peculiar Value.

Copying 102

Copying Contracts Blogging Law 102

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 96

Contracts Registration Designs Design 96

TorrentFreak

FEBRUARY 17, 2023

When scientific papers and academic articles enter the equation, the ground suddenly starts to shift. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.” The agreements pertain to the publication of books; Elbakyan is accused of distributing articles.

Publishing 124

Publishing Ownership Copyright Copying 124

The IPKat

FEBRUARY 20, 2023

New Rule 56a EPC relates to procedures by which an applicant can correct "erroneously filed" parts of a European patent application ( OJ EPO 2022, A3 ). Importantly, such amendments will be subject to the added matter provisions of Article 123(2) EPC (A-II-6.4) Bosnia and Herzegovina is now the only remaining extension state.

Patent Application 136

Patent Application Patent Contracts Law 136

Olartemoure Blog

MAY 13, 2022

The Colombian government has notified the World Intellectual Property Organization ( WIPO ) a declaration modifying the amounts of individual fee to be paid regarding Colombia according to Article 8.7 The territorial application will take effect on 1 December 2022. of the Madrid Protocol. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. Prager tried a variety of contract-based workarounds to Section 230. YouTube defended on Section 230 and other grounds.

Contracts 135

Contracts Publishing Law Government 135

Kluwer Copyright Blog

APRIL 13, 2023

In this edition, we report on an AG Opinion that came out late in 2022 and update you on what has happened in the first trimester of 2023 in EU copyright law. On 15 December 2022, AG Szpunar delivered his opinion which sought to clarify the exception’s application to the rights of reproduction and communication to the public respectively.

Copyright Law 75

Copyright Law Law Copyright Copying 75

IPilogue

JUNE 1, 2022

This article summarizes recent global privacy regulations focusing on algorithmic management. 701 (Warehouse Quota Law, 2022). Ontario: Bill 88 , (Working for Workers Act, 2022 ) (1 st reading on February 28, 2022). . California: Assembly Bill No. Employers (?25

Privacy 104

Privacy Social Media Ownership Business 104

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. Moreover, like most of the E&Ls of Article 5 ISD, the research exception remains optional for the Member States.

Copyright 107

Copyright Ownership Journalism Publishing 107

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. an exception or, according to art 6(1) at least a statutory remuneration right ( Geiger & Bulayenko, 2022 ).

Copyright 122

Copyright Art Licensing Contracts 122