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

TorrentFreak

MAY 13, 2024

In addition, they committed contract breach under California law. This alleged behavior wasn’t well hidden either, as defendants allegedly promoted their abuse scheme on YouTube in a video blatantly titled: “2022 SEO 3 minutes to take top 1 google by Fake DMCA complaints”.

Contracts 94

Contracts Copying Copyright Ownership 94

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 125

LexBlog IP

NOVEMBER 27, 2023

17/2022, regulating the connection of distributed renewable energy production units to the electricity network, reflects the country’s commitment to transforming its energy sector, promoting sustainability, and attracting foreign investments. The UAE’s implementation of Federal Decree-Law No.

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Ownership Contracts Marketing Marketing 52

TorrentFreak

FEBRUARY 17, 2023

Based on the assertion that the assignment agreements relied upon by the publishers do not confer ownership of copyrights relating to the allegedly infringed works, Elbakyan declared them void. “ Section 25 of the Contract Act is relied upon to contend an agreement without consideration is void.” Elbakyan [defendant no.1],

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Publishing Ownership Copyright Copying 129

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.

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Related Rights Art Journalism Government 130

43(B)log

APRIL 3, 2024

Collectively they’re called “contracted service providers” (CSPs). Route Consultant advises CSPs on “buying and selling FXG routes, ISP and TSP ownership and operations, and fleet strategy.” Route Consultant advises CSPs on “buying and selling FXG routes, ISP and TSP ownership and operations, and fleet strategy.”

False Advertising 45

False Advertising Contracts Business Advertising 45

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

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Social Media Ownership Branding Brands 101

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. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates.

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Copyright Ownership Journalism Publishing 107

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

Patently-O

JULY 22, 2022

However, the pair had not fully exited from their Sleep Number contract. May 11, 2022). The appellate panel agreed that Sleep Number had a fair chance of prevailing since the contract “clearly and unambiguously places the inventions described in the patent applications within” its scope. Young , 532 F. Young , 33 F.4th

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Patent Prosecution Patent Invention Patent Application 78

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

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 ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

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Non-Fungible Tokens Contracts Copying Art 135

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., a jpeg) stored on the cloud. the jpeg) to which it is attached?

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Non-Fungible Tokens Artwork Contracts Art 120

IPilogue

JUNE 1, 2022

701 (Warehouse Quota Law, 2022). Ontario: Bill 88 , (Working for Workers Act, 2022 ) (1 st reading on February 28, 2022). . Therefore, parties may clarify expectations on AI ownership and data-use procedures to engage relevant contract law protections. California: Assembly Bill No. Employers (?25

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Privacy Social Media Ownership Business 104

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. The terms of ownership and remuneration vary between platforms.

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Non-Fungible Tokens Advertising Advertising Ownership 140

IPilogue

APRIL 20, 2022

On February 15, 2022, Spider-Man: No Way Home has hit $1.8 However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen. Photo by Marjan Blan ( Unsplash ). billion at the box office, becoming the sixth-highest grossing movie of all time.

Contracts 106

Contracts Copyright Ownership Blogging 106

43(B)log

OCTOBER 10, 2023

Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Marble explained that he arrived at the $200 million valuation by multiplying DealMaker’s $20 million estimated revenue for 2022 by a multiplier of ten.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

AUGUST 25, 2022

2022 WL 3590329, No. 22, 2022) Nexo’s Crypto Credit service allows users to take out loans against cryptocurrency collateral. Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

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Settlement Reporting Intellectual Property Contracts 103

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. From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 122

Copyright Art Licensing Contracts 122

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Mandatory Review.

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Contracts Confidentiality Privacy Ownership 59

The IP Law Blog

MARCH 30, 2023

The UAIA was signed into law on December 29, 2022, and included in the U.S. The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 98

Business Inventor Patent Licensing 98

Plagiarism Today

AUGUST 2, 2022

Support derivative projects from the community pic.twitter.com/g4QnF6YZBp — Spice DAO (@the_spice_club) January 15, 2022. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 226

Copyright Non-Fungible Tokens Technology Plagiarism 226

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. 2022 FC 470: [link]. 2022 FC 470: [link]. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

LexBlog IP

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. Wading into contract law, the policy underlying the Bayh-Dole act, and the practical realities of Government-funded research, the Federal Circuit rejected USF’s argument.

Licensing 52

Licensing Invention Government Inventor 52

43(B)log

OCTOBER 12, 2022

Meeker, 2022 WL 6507718, NO. 19, 2022) Judge Cannon has done some other stuff, too. This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” La Dolfina S.A.,

False Advertising 59

False Advertising Advertising Advertising Ownership 59

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 82

Social Media Contracts Ownership Business 82

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof.

Contracts 106

Contracts Privacy Social Media Advertising 106

The TTABlog

APRIL 6, 2022

2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Welch 2022. Illyrian Import, Inc.

Ownership 52

Ownership Registration Trademark Contracts 52

43(B)log

JUNE 16, 2022

Newton Group Transfers, LLC, 2022 WL 1652587, No. 4, 2022) (magistrate) I will confess that the main message I take from the cases in which timeshare companies are aggressively suing timeshare exit firms is that one should never buy a timeshare. 439 people with timeshare contracts with Diamond hired one of the defendant companies.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The IPKat

SEPTEMBER 5, 2022

A16Z is the most active and important economic VC in the crypto-sphere (as of August 31, 2022, A16Z has made 141 VC investments in the crypto sector for a value of USD 7,565,000,000; source: Coinstack Research ). Universal license - a set of NFT CC licenses under the name 'Can’t Be Evil'.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

SpicyIP

MAY 18, 2022

Feb 25, 2022. March 4, 2022. Feb 22, 2022. As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product. TOMMY JEANS.

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Non-Fungible Tokens Trademark Artwork Art 122

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52