LexBlog IP

SEPTEMBER 7, 2023

a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

Contracts 52

Contracts Law Business Licensing 52

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

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Blogging Contracts Fair Use Copyright Law 109

LexBlog IP

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention.

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Licensing Invention Government Inventor 52

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Plagiarism Today

JANUARY 5, 2023

The notices in question span a time period between September 2021 and November 2022. 3: Judge Rules in Favor of Ford on AirPro Contract, Copyright, Trademark violations. Ford alleged that these infractions amounted to both breach of contract and copyright violations. That amount totals $228.9 million in potential damages.

Contracts 192

Contracts Music Settlement Licensing 192

Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

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Editing Social Media Blogging Advertising 88

Patently-O

MAY 1, 2024

2022-2207 (Fed. May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. ” IT sued Zebra for infringement in the W.D.Tex.,

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Licensing Patent Ownership Patent Infringement 54

BYU Copyright Blog

SEPTEMBER 6, 2022

In late July of 2022, MMAS Research ("MMAS") filed a Complaint against the University of Wolverhampton ("Wolverhampton"), Morisky Medication Adherence Research LLC ("MMAR"), Donald Morisky, Philip Morisky, and several unknown or unidentified individuals.

Licensing 52

Licensing Intellectual Property Copyright Infringement Contracts 52

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

Intellectual Property Law Blog

AUGUST 30, 2023

Background In 2006 and 2012, ABS and STGenetics entered into related contracts for sorting semen. Further, regarding the ongoing royalty, the district court stated that “the judgment [in the first suit] is reasonably interpreted to cover straws produced by third parties using GSS technology as licensed by ABS.”

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Technology Licensing Contracts Patent Infringement 130

LexBlog IP

NOVEMBER 7, 2022

On October 25, 2022, JSR Life Sciences and Blau Farmaceutica announced that Similis Bio, JSR Life Sciences’s business unit focused on biosimilar development, has signed its first development and license agreement with Blau Farmaceutica, a Brazilian pharmaceutical company. The parties did not disclose additional financial terms.

Licensing 52

Licensing Intellectual Property Contracts Marketing 52

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

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

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

In 2022, I’ve blogged just one other 512(c) case ( Davis v. The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Pinterest ). Business Casual v.

Licensing 84

Licensing Copying Blogging Copyright 84

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. In 2022, this partisan calculus prompted a steady stream of poorly conceived messaging bills. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” As bad as 2022 was, 2023 will be worse.

Law 113

Law Social Media Government Privacy 113

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 8, 2022

Before 2022, courts usually enforced the former strategy while requiring some evidence of actual or constructive notice to enforce the latter. 2022 WL 2673080 (N.D. 2022 WL 2673080 (N.D. 2022 WL 4112360 (N.D. Thayer , 2022 WL 4290310 (D. In 2022, plaintiff sued defendant for breach of contract, among other things.

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Marketing Marketing Contracts Business 127

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). 2 of the Rental and Lending Rights Directive.

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Copyright Art Licensing Contracts 122

Technology & Marketing Law Blog

DECEMBER 27, 2022

30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. What If Holdings, 2022 WL 17869275 (N.D. 2022 WL 3012528 (C.D.

Privacy 98

Privacy Marketing Marketing Social Media 98

TorrentFreak

MAY 11, 2023

For the sole defendant in yet another Bungie lawsuit, filed at exactly the same court in 2022, these headlines should make for uncomfortable reading. Twitch Streamer Feels The Heat In its July 2022 complaint , Bungie targeted a Twitch user who reportedly live streamed himself cheating in Destiny 2 while evading multiple bans.

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Derivative Work Contracts Copyright Infringement Licensing 124

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

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Litigation Law Patent Invention 52

The IPKat

APRIL 5, 2023

Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce. There were 17 Patents Court judgments in 2022, eight of which were written by Meade J.

Reporting 73

Reporting Patent Patent Infringement Technology 73

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

Technology & Marketing Law Blog

AUGUST 12, 2023

” 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. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 69

Contracts Licensing Business Blogging 69

LexBlog IP

JANUARY 31, 2022

In addition, many websites offer content, feeds and articles that are licensed from third parties the use of which may be restricted to in-browser page viewing or caching, with further commercial use restricted. Two Types of Online Contracts. Click-wrap Agreements. purchasing airline tickets). purchasing airline tickets).

Contracts 52

Contracts Social Media Licensing Business 52

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 136

Contracts Blogging Technology Law 136

The IPKat

JULY 19, 2022

The symposium will take place on 23 September 2022 from 9:00am to 4:00pm. 4iP Council - CRISPR Processes Patents in Green Biotechnology: the Benefits of Patent Pools and Clearing Houses - 15 September 2022 - Online The current CRISPR patent landscape presents a variety of barriers to research, innovation, and profit.

Intellectual Property 73

Intellectual Property Licensing Contracts IP 73

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

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Intellectual Property Non-Fungible Tokens IP Contracts 97

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. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

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.

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Inventor IP Contracts Invention 98

Biswajit Sarkar Copyright Blog

AUGUST 23, 2023

Sony Music Entertainment and Triller had signed a licensing deal way back in 2016 whereby the latter would receive rights to use create, distribute and reproduce derivative versions of Sony’s music on the payment of an agreed sum, monthly. This naturally caused a breach of contract on the part of Triller Inc.

Music 52

Music Intellectual Property Law Licensing Intellectual Property 52

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.

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Contracts Publishing Licensing Editing 123

The IPKat

NOVEMBER 16, 2022

Background Articles 18-22 of the DSM Directive establish a series of protective measures in favour of authors and performers who license or transfer the exclusive economic rights over their works or performances to third parties for the purpose of exploitation.

Contracts 123

Contracts Licensing Government Law 123

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

Patently-O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. This includes name, SSN, DOB, Driver’s License, etc. However, the complaint alleges that the implied contract was that WM “act reasonably.”

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Privacy Contracts Licensing Litigation 116