JD Supra Law

MAY 31, 2023

Dana, Shon, and Krista are deeply knowledgeable practitioners in the IP and commercial contracts space who handle a broad spectrum of leading-edge and high-profile litigation for our clients. (Chicago), to talk about recent trends and issues in IP-related and other commercial litigation that would be of particular interest to our readers.

Litigation 52

Litigation IP Contracts 52

Herbert Smith Freehills

MARCH 17, 2023

In our annual contract law update we consider a number of interesting contract law cases from 2022 which highlighted key points for those involved in drafting or managing contracts. The cases we have chosen deal with formation, exclusion and limitation clauses, good faith, unexpected events and termination.

Contracts 52

Contracts Law Publishing 52

LexBlog IP

JANUARY 30, 2023

At the conclusion of their residency or fellowship, physicians are faced with the new challenge of interviewing and negotiating their first contract. The first component is educating yourself on what you should be considering when evaluating an offer or contract. If you have questions, ask your attorney.

Contracts 52

Contracts Confidentiality Intellectual Property Law 52

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 95

Contracts Law Blogging 95

LexBlog IP

MAY 16, 2023

Thanks to the efforts of City Brewing and Wisconsin Brewing Company, the Department of Revenue issued a declaratory ruling that approved contract production (through Alternating Proprietorships, or straight contract) between distilleries (and by extension and our reading of the statute, wineries too).

Contracts 40

Contracts Intellectual Property 40

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. However, Examiners without a thorough understanding of this concept or unfamiliar with blockchain technology often equate smart contracts with legal or commercial contracts stored on blockchains. The Situation. Kappas , 561, U.S.

Contracts 100

Contracts Patent Patent Application Invention 100

JD Supra Law

APRIL 25, 2023

While performing a government contract, it is common for the contractor to make one or more inventions. Due to the nature of the work, invention-making occurs most frequently in research and development (R&D) contracts but can also happen in any contract under which the Government acquires products or services.

Invention 52

Invention Contracts Government Reporting 52

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 68

Contracts Registration Litigation Privacy 68

Patently-O

DECEMBER 13, 2022

The appellate court sided with Google, holding that the Copyright Act preempts a breach-of-contract claim because it is “equivalent to … exclusive rights within the general scope of copyright,” 17 U.S.C. § Other circuits have held that similar contracts are not preempted by the Copyright Act.

Copyright 65

Copyright Contracts Patent Copying 65

IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Law Intellectual Property Technology 52

IP.com

JUNE 14, 2021

Rochester, NY – June 14, 2021 – IP.com, a global leader in intellectual property intelligence and innovation solutions, has renewed its multi-year contract to provide InnovationQ Plus®, its IP search. The post IP.com Announces Contract Renewal with USPTO appeared first on IP.com - IP Innovation and Analytics.

Contracts 94

Contracts Intellectual Property IP 94

IP Law 360

OCTOBER 21, 2022

The Federal Trade Commission's focus on deceptive social media ads and lax disclosure rules will change how companies collaborate with influencers — so contracts need to call out expectations and set parameters so that both sides comply with the proposed revisions to the FTC's endorsement guides, say Diego Gutiérrez and Steven Winters at Lane Powell. (..)

Social Media 75

Social Media Contracts 75

IP Law 360

NOVEMBER 28, 2022

told a Washington federal judge Monday it has resolved contract breach claims against Stanford University, which it accused of secretly duplicating a potential opioid addiction treatment based on research funded by the tribe and applying for a provisional patent. The Tulalip Tribal Federal Corp.

Contracts 75

Contracts IP Patent 75

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.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 101

Contracts Law Licensing Litigation 101

Chicago IP

JANUARY 7, 2022

12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. Judge Kendall granted in part counterclaim plaintiff CZS Holdings’ (“Pur360”) Fed.

Contracts 52

Contracts Government 52

IP Law 360

JULY 8, 2022

A Georgia judge said a marketing organization can't enforce non-solicitation agreements in its contracts with two independent insurance agents whom it has sued for alleged trade secrets violations, saying the clause is unenforceable under Georgia law.

Contracts 76

Contracts Law Marketing Marketing 76

JD Supra Law

MAY 23, 2023

When bidding for and performing DOD contracts, DOD contractors will be better equipped to protect their rights if they are aware of and understand the various categories of technical data and software rights and what rights the US Government is entitled to. By: Whitcomb Selinsky, PC

Contracts 52

Contracts Government 52

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Law Artwork 52

IP Law 360

MAY 12, 2022

Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

Contracts 75

Contracts Law Technology 75

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.

Copyright 122

Copyright Contracts Intellectual Property Copyright Law 122

LexBlog IP

JANUARY 7, 2022

12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. Judge Kendall granted in part counterclaim plaintiff CZS Holdings’ (“Pur360”) Fed.

Contracts 52

Contracts Government Intellectual Property 52

The Trichordist

MAY 17, 2023

Chris Castle says: If you are seeing contract language that allows the other side to use your name, image, likeness, voice, etc., take a close look at… Read more "@justinebateman wants to see AI contract terms in actor agreements and music folk should be checking, too"

Contracts 40

Contracts Music 40

Dear Rich IP Blog

JANUARY 30, 2023

Is there a contract template for this scenario? Below is a sample agreement that's based on our downloadable work-for-hire contract on our Crafts Law website. We want to pay this person a one-time, flat fee to do this work, and they wouldn't retain future royalties or intellectual property of the work.

Contracts 52

Contracts Intellectual Property Copyright Copyright Law 52

IP Law 360

AUGUST 3, 2022

Steptoe & Johnson LLP boosted its government contracts team in Washington, D.C., with a partner who brings over a decade of expertise in the life sciences and defense sectors.

Contracts 52

Contracts Government 52

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 104

Contracts Litigation Law Copyright 104

Intellectual Property Law Blog

APRIL 27, 2023

Use of AI technology can impact your rights and liabilities in ways that may not even occur to you. And whether you are aware of it or not, your employees and vendors may be using generative AI tools in the performance of their duties in ways that can significantly impact you.

Government 185

Government Technology Contracts 185

IP Law 360

APRIL 24, 2023

A New York attorney coaching company has sued a Colorado competitor in New York federal court, requesting declarations that it has not violated a contract signed by its CEO when she took a course from the competitor in 2017, nor has it violated the competitor's pending trademark.

Contracts 40

Contracts IP Trademark 40

Patently-O

OCTOBER 7, 2021

US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. 2021)( KannuuSamsungDecision ). ” The potential deal fell apart and Kannuu eventually sued Samsung for patent infringement. Dodocase VR, Inc. MerchSource, LLC , 767 F.

Contracts 67

Contracts Patent Infringement Intellectual Property Patent 67

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.

Copyright 52

Copyright Contracts Law Intellectual Property 52

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 ).

Copyright 52

Copyright Contracts Law Intellectual Property 52

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? Handle, Inc.,

Contracts 98

Contracts Advertising Advertising Social Media 98

Art Law Journal

MARCH 18, 2021

Every business needs a contract at one time or another. Whether you are a struggling artist, world-renowned photographer, or a gallery owner, you will be inundated with contracts from art dealers, agents, exhibitors, publishers, ad agencies, museums as well as non-art industry members like landlords and contractors.

Contracts 52

Contracts Licensing Art Journalism 52

Art Law Journal

MARCH 18, 2021

Every business needs a contract at one time or another. Whether you are a struggling artist, world-renowned photographer, or a gallery owner, you will be inundated with contracts from art dealers, agents, exhibitors, publishers, ad agencies, museums as well as non-art industry members like landlords and contractors.

Contracts 52

Contracts Licensing Art Publishing 52

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Trademark Confidentiality Litigation 52

Patently-O

AUGUST 25, 2021

2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. The Federal Circuit’s new decision in DynCorp v.

Contracts 92

Contracts Government Patent 92

IP Law 360

DECEMBER 16, 2021

The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

Contracts 75

Contracts Law Business 75

Art Law Journal

DECEMBER 8, 2020

What things should artists be negotiating as part of licensing or gallery contracts? The post Contract Negotiation Tips for Visual Artists appeared first on Art Business Journal. We take a look at some of the most important along with a review of several standard provisions.

Contracts 52

Contracts Licensing Journalism Art 52