Blogging and Contracts - Intellectual Property Pulse

Types of Intellectual Property Contracts

Intepat

MAY 24, 2023

Intellectual property rights may be established, protected, or granted to another party by contracts or agreements. Considering that the subject matter is so complex, the law regarding contracts is usually handled by lawyers who specialize in it.

Intellectual Property

Intellectual Property Contracts Ownership Invention

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging

Blogging Contracts Law Advertising

Cohabitation agreements and marriage contracts

Nelligan Law

DECEMBER 20, 2022

What’s the difference between a cohabitation agreement and marriage contract? Watch as Rebekah Schultz explains the ins and outs of cohabitation agreements and marriage contracts. Part 1: Part 2: Part 3: The post Cohabitation agreements and marriage contracts appeared first on Nelligan Law.

Contracts

Contracts Law Blogging

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

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

Blogging Contracts Copyright Law Copyright

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging

Blogging Contracts Intellectual Property Social Media

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

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

Blogging Copyright Contracts Cease and Desist

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 28, 2024

Because for the first time, a company with knowledge of an online agreement–acting in purported violation of that agreement by scraping–succeeded in defeating a breach of contract claim. The post Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Contracts Litigation Law

The Pandemic May Not Automatically Frustrate Employment Contracts

Nelligan Law

APRIL 29, 2022

Reading Time: 2 minutes What is Frustration of Contract? Contract frustration occurs when a contractual obligation can no longer be performed, with no fault to either party. This occurs when a situation arises, causing the contract’s performance to become “a thing radically different from that which was undertaken by the contract”.

Contracts

Contracts Law Blogging

Around the IP Blogs

The IPKat

NOVEMBER 29, 2021

Let’s see what the other IP blogs have been up to this week:- Trade Marks “Metaverse” has become centre stage after Facebook announced that it had changed its company name to “Meta”. Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case.

Blogging

Blogging IP Contracts Reporting

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

The IP Law Blog

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging

Blogging Law IP Contracts

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” See blog posts on those rulings here and here.). Freedom Financial Network, LLC.

Contracts

Contracts Designs Design Law

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts

Contracts Privacy Registration Government

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

OCTOBER 31, 2021

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 This case involves Walmart gift cards.

Contracts

Contracts Litigation Blogging Law

Around the IP Blogs

The IPKat

OCTOBER 31, 2021

Others On the Kluwer Copyright Blog, Jeremy Blum and Jake Palmer provided a useful summary of the UK current regime on exhaustion of IP rights and three alternative regimes in view of the consultation recently conducted by the UK government.

Blogging

Blogging IP Ownership Branding

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

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. By guest blogger Kieran McCarthy.

Blogging

Blogging Contracts Law Privacy

Around the IP Blogs

The IPKat

JULY 4, 2021

Join me for a walk around the blogs. Kluwer Patent Blog reported on the changes. Kluwer Trademark Blog reported on the application. Kluwer Trademark Blog reported on the decision. The Beijing Treaty on Audiovisual Performances (the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties.

Blogging

Blogging IP Designs Design

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch?

Advertising

Advertising Advertising Contracts Social Media

Around the IP Blogs

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. The IPKat has once again compiled some of them for you.

Blogging

Blogging IP Copying Copyright

Getting paid to play? Copyright, contract, and the rewards for UGC

Kluwer Copyright Blog

JUNE 21, 2022

In my project, You Can Play (see also working paper here ), I explore how contract, rather than copyright, is the key enabler of user creativity in this industry. Through standard form UGC policies, the industry has created an almost Creative Commons-style system of user enablement.

Contracts

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2. Tortious Interference with a Contract 3. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Cease and Desist

Cease and Desist Blogging Contracts Social Media

The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

The IP Law Blog

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog.

Blogging

Blogging IP Law Contracts

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging

Blogging Law Contracts Cease and Desist

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 6, 2022

Eric’s Prior Tattoo Copyright Blog Posts. Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. In short, opportunistic lawsuits brought by a handful of tattooers run the risk of devastating the industry as a whole.

Blogging

Blogging Fair Use Copyright Infringement Copyright

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

LexBlog IP

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging

Blogging IP Law Contracts

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

LexBlog IP

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with shoe designs and related designs in the future. Listen to the podcast of this episode here.

Blogging

Blogging IP Law Contracts

Dragons' Den IP Blog - Series 21 Episode 6

Dragons' Den

FEBRUARY 9, 2024

We recommend you always seek professional legal advice when entering into a contract. Disclaimer: The purpose of the IPO's Dragons' Den IP blog is to help identify the IP in entrepreneurs’ pitches and highlight how IP works, or could work, in the real-life examples featured. Did you enjoy this episode?

Blogging

Blogging IP Designs Design

[Video] The Briefing by the IP Law Blog - The Sneakerhead Breakup of the Century: Yeezy and Adidas

JD Supra Law

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with current shoe designs and related designs in the future. By: Weintraub Tobin

Blogging

Blogging IP Law Contracts

The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

LexBlog IP

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging

Blogging IP Law Contracts

[Audio] Podcast: The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

JD Supra Law

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog (podcast). By: Weintraub Tobin

Blogging

Blogging IP Law Contracts

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. Doe (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Also, this is dicta. Defendant created an account to access Chegg’s data.

Cease and Desist

Cease and Desist Blogging Contracts Privacy

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

Technology & Marketing Law Blog

AUGUST 31, 2023

Blog post coverage of that ruling here. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.”

Contracts

Contracts Social Media Blogging Publishing

A Thumbs-Up Emoji Costs a Canadian Seller $82,000–South West Terminal v. Achter Land

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

Contracts Blogging Technology Law

YouTube Defeats Claim Over Content Removal/Demonetization–Haocheng v. YouTube

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. YouTube appeared first on Technology & Marketing Law Blog. March 28, 2024).

Contracts

Contracts Blogging Marketing Marketing

The Legal Implications of Datacenter Location (Guest Blog Post)

Technology & Marketing Law Blog

OCTOBER 6, 2021

Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” The post The Legal Implications of Datacenter Location (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging

Blogging Business Litigation Ownership

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

Technology & Marketing Law Blog

OCTOBER 25, 2023

18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Netflix appeared first on Technology & Marketing Law Blog. Netflix, Inc.

Blogging

Blogging Copyright Fair Use Copyright Infringement

As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. Additionally, hiQ raised four affirmative defenses to the breach of contract claim: 1) unclean hands, 2) waiver, 3) estoppel, and 4) unconscionability. The opinion.

Blogging

Blogging Contracts Litigation Law

You’ve Got Mail – A Contract You Can Read!! My Virtual Placement at the Globe and Mail (IP Intensive Reflection)

IPilogue

MARCH 24, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. Shayna Jan is an IP Intensive student and a 3L JD Candidate at Osgoode Hall Law School.

Contracts

Contracts IP Privacy Blogging

[Video] The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

JD Supra Law

FEBRUARY 10, 2023

Wozniak 9th Circuit decision upheld a 1950s ruling that requires a promise to pay to be present for an implied contract to exist. Scott Hervey and Josh Escovedo discuss this case and how the Desny decision applies to idea theft cases in California in this episode of The Briefing by the IP Law Blog. By: Weintraub Tobin

Blogging

Blogging IP Law Contracts

[Audio] Podcast: The Briefing by the IP Law Blog - The Sneakerhead Breakup of the Century: Yeezy and Adidas

JD Supra Law

DECEMBER 9, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the trademark and contract issues that Adidas is navigating with current shoe designs and related designs in the future. By: Weintraub Tobin

Blogging

Blogging IP Law Contracts

Informed NIL Deals: Basic Contract Law Education Should be Required for All College Athletes

LexBlog IP

NOVEMBER 15, 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. Sometimes it is so informal that the athlete does not realize they have entered into a contract that creates legal obligations just as real as the big money deals listed above.

Contracts

Contracts Social Media Law Business

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

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. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation

Litigation Contracts Advertising Advertising

Next-Gen Business Process Outsourcing: Who Owns the IP?

JD Supra Law

APRIL 24, 2023

As noted in our recent blog posts, The Rise of Next-Gen Business Process Outsourcing and Key Contracting Issues to Consider, the core premise of next-gen business process outsourcing (BPO) includes (1) the leveraging of automation, bots, performance tools, and other technology to transform and optimize workflows and business processes and (2) the implementation (..)

Business

Business Contracts IP Blogging

Copyright Concerns When Using Others to Create Content

Erik K Pelton

JULY 14, 2022

Many of my clients have contractors or vendors or virtual assistants who assist them with writing blog posts, creating newsletters, doing social media posting and work. First, contracts. Make sure you have proper contracts. The following is an edited transcript of my video Copyright Concerns When Using Others to Create Content.

Social Media

Social Media Copyright Cease and Desist Contracts

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v.

Licensing

Licensing Copyright Blogging Fair Use

Types of Intellectual Property Contracts

The Ninth Circuit’s Broad (and Wrong) Standards for Conversion–Taylor v. Google (Guest Blog Post)

Trending Sources

Cohabitation agreements and marriage contracts

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Web Scraping for Me, But Not for Thee (Guest Blog Post)

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Facebook Drops Anti-Scraping Lawsuit Against Bright Data (Guest Blog Post)

The Pandemic May Not Automatically Frustrate Employment Contracts

Around the IP Blogs

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Around the IP Blogs

California Appellate Court Rejects Poorly Executed “Sign-In Wrap”–Sellers v. JustAnswer (Guest Blog Post)

Around the IP Blogs

1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Around the IP Blogs

Getting paid to play? Copyright, contract, and the rewards for UGC

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2)

Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

The Briefing by the IP Law Blog: The Sneakerhead Breakup of the Century – Yeezy and Adidas

Dragons' Den IP Blog - Series 21 Episode 6

[Video] The Briefing by the IP Law Blog - The Sneakerhead Breakup of the Century: Yeezy and Adidas

The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

[Audio] Podcast: The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Lawsuit Over Twitter Suspension Fails Again–Zhang v. Twitter

A Thumbs-Up Emoji Costs a Canadian Seller $82,000–South West Terminal v. Achter Land

YouTube Defeats Claim Over Content Removal/Demonetization–Haocheng v. YouTube

The Legal Implications of Datacenter Location (Guest Blog Post)

This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix

As Everyone Expected Years Ago, hiQ’s CFAA Wins Don’t Mean It Can Freely Scrape–hiQ v. LinkedIn (Guest Blog Post, Part 1 of 2)

You’ve Got Mail – A Contract You Can Read!! My Virtual Placement at the Globe and Mail (IP Intensive Reflection)

[Video] The Briefing by the IP Law Blog: 9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

[Audio] Podcast: The Briefing by the IP Law Blog - The Sneakerhead Breakup of the Century: Yeezy and Adidas

Informed NIL Deals: Basic Contract Law Education Should be Required for All College Athletes

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Next-Gen Business Process Outsourcing: Who Owns the IP?

Copyright Concerns When Using Others to Create Content

Videogame Maker Has Implied License to Depict Copyrighted Tattoos–Hayden v. 2K

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