The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

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 137

Contracts Blogging Technology Law 137

Technology & Marketing Law Blog

DECEMBER 14, 2023

Strachan sued Facebook pro se for breach of contract and the good faith/fair dealing implied covenant. As in Murphy, the clear terms of the agreement preclude a claim for breach of contract based on the complaint’s allegations. Facebook, Inc. , 2023 WL 8589937 (Cal. More consumers exposed to sex product ads they may not want?

Advertising 81

Advertising Advertising Contracts Marketing 81

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. 2023 WL 5749258 (N.D. 6, 2023) The post Facebook Can Reject Unwanted Ads–Newton v. Meta appeared first on Technology & Marketing Law Blog. Tushnet and I include the Langdon v.

Contracts 89

Contracts Marketing Marketing Publishing 89

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch.

Settlement 52

Settlement Litigation Patent Reporting 52

The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. A small entity is defined under 37 CFR § 1.27

Business 98

Business Inventor Patent Licensing 98

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

MAY 13, 2024

In November 2023, X corp. 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. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

AUGUST 10, 2023

The court dismisses the plaintiff’s claims: Breach of Contract. The TOS allows Instagram to disable accounts in many circumstances, so there wasn’t a contract breach. 2023 WL 5021784 (N.D. Instagram appeared first on Technology & Marketing Law Blog. Tortious Interference. ” Trademark Infringement.

Contracts 76

Contracts Social Media Blogging Business 76

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Miller , 2023 U.S.

Contracts 73

Contracts Publishing Marketing Marketing 73

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

JULY 14, 2023

The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube. Google LLC , 2023 WL 4372701 (N.D.

Contracts 80

Contracts Blogging Litigation Licensing 80

The IPKat

FEBRUARY 3, 2023

Events 24 February 2023: “What Does My Claim Cover?” Intended and Unintended Consequences of Amendments During Prosecution and Post-Grant Proceedings", in Munich, on 24 February 2023. The seminar will take place in Paris and online, on 16 and 17 March 2023 and entirely in English. Click here and here to know more.

Intellectual Property 67

Intellectual Property Intellectual Property Law Contracts IP 67

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

U.S. Department of Commerce

JULY 21, 2023

Stepping into the Executive Director and CEO role here in March 2023, I immersed myself in our public safety engagement, contract oversight, and program management efforts to understand how these critical functions were managed here. The FCC recently renewed our license after conducting a thorough review process and open proceeding.

Government 78

Government Contracts Licensing Technology 78

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 77

Contracts Copying Technology Licensing 77

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 129

Publishing Contracts Art Copyright 129

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. 19 CDSM Directive. º-B and 74.º-D º-D of the Copyright Code.

Art 103

Art Contracts Publishing Licensing 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. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 121

Copyright Art Licensing Contracts 121

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 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

JULY 29, 2023

Davis argued that the TOSes are contracts of adhesion. Nor can Davis point to a single instance of a court finding the Meta Forum-Selection Clause invalid as a product of a contract of adhesion. 2023 WL 4670491 (E.D. 2023 WL 4764813 (D.N.J. 2023 WL 4764813 (D.N.J. July 26, 2023). Meta Platforms, Inc.

Social Media 75

Social Media Contracts Law Litigation 75

Plagiarism Today

AUGUST 2, 2022

Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023. For example, blockchain could be used to record that someone obtained a license to use a song in a video.

Copyright 236

Copyright Non-Fungible Tokens Technology Plagiarism 236

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits, LLC, 2023 WL 2299570 (E.D. ” Case citation : State v.

Contracts 62

Contracts Social Media Business Blogging 62

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 126

Privacy Law Contracts Designs 126

LexBlog IP

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. A small entity is defined under 37 CFR § 1.27

Business 52

Business Inventor Patent Licensing 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 2023 WL 6130030 (W.D. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. The order of the providers is arbitrary and doesn’t carry any value.

Privacy 137

Privacy IP Technology Reporting 137

43(B)log

SEPTEMBER 6, 2023

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. The breach of contract claim survived. Route App, Inc. 2:22-cv-00291-TS-JCB (D. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

OCTOBER 10, 2023

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data. Novation Solutions, Inc. (o/a

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 9, 2023

The plaintiff also argued that LinkedIn breached its contract with her. Google LLC , 2023 WL 5004078 (N.D. LinkedIn appeared first on Technology & Marketing Law Blog. I think the court is simply reinforcing that LinkedIn isn’t an employment agency and couldn’t comply with the associated obligations.

Contracts 77

Contracts Social Media Blogging Marketing 77

The IPKat

SEPTEMBER 12, 2022

These measures included export controls and compulsory licenses (e.g., many countries prepared their legislation for compulsory licenses). Under US law, there is a distinction made between R&D contracts and a procurement contract (explained neatly in the Airbus/Boeing 353 WTO panel report under Bayh-Dole regime).

IP 91

IP Reporting Contracts Licensing 91