Oral Contract Claims Dismissed

Chicago IP

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. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

Avoiding IPR via Contract

Patently-O

US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. by Dennis Crouch. Kannuu Pty. LTD v. Samsung Electronics Co., LTD (Fed. 2021)( KannuuSamsungDecision ).

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5 Takeaways from the Slate’s Contract Cheating Piece

Plagiarism Today

However, this means that we can’t dismiss the role of parents and family in contract cheating and that this may be an area calling for greater outreach. However, the anonymous author of this story was able to make some fairly decent money through contract cheating. As this conversation around contract cheating continues, stories like this one are important.

Oral Contract Claims Dismissed

LexBlog IP

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. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

Tips on Contracts and Licensing for Artists

Art Law Journal

Every business needs a contract at one time or another. If a contract is supposed […]. Corporate Law Art Law Contract Negotiation Contracts Independent Contractors Statute of LimitationsSteve Schlackman. They are everywhere.

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

Technology & Marketing Law Blog

Contracts. 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. Licensing/Contracts Marketing

Tips on Contracts and Licensing for Artists

Art Law Journal

Every business needs a contract at one time or another. If a contract is supposed […]. The post Tips on Contracts and Licensing for Artists appeared first on Art Business Journal. Legal Corporate Law contracts Independent Contractors

Contract Negotiation Tips for Visual Artists

Art Law Journal

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. Legal Corporate Law contracts Independent Contractors

3 Common Pitfalls to Avoid in a Photography Contract

Art Law Journal

A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. Corporate Law Contracts LicensingChris Reed. Here are common pitfalls you need to avoid.

IP.com Announces Contract Renewal with USPTO

IP.com

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.

3 Common Pitfalls to Avoid in a Photography Contract

Art Law Journal

A photography contract that doesn't consider licensing and made-for-hire agreements can have an impact on business. The post 3 Common Pitfalls to Avoid in a Photography Contract appeared first on Art Business Journal. Legal Corporate Law contracts licensing

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

Technology & Marketing Law Blog

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

Sea change on web-based contract amendments

Likelihood of Confusion

The post Sea change on web-based contract amendments appeared first on LIKELIHOOD OF CONFUSION™. The Ninth Circuit sounds really right on this: Service providers should not be able to change their terms of service arbitrarily without notifying their registered users, according to the judges.

Pandemic ski resort closures allow both contract and advertising claims

43(B)log

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. consumer protection contracts false advertisingGoodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D.

Distinguish “Smart Contract” From Abstract Idea To Pass Blockchain Patentability Scrutiny

Intellectual Property Law Blog

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. Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding.

CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination

IP Watchdog

Courts District Courts Federal Circuit IP News IPWatchdog Articles Licensing Litigation arbitration CAFC California Code of Civil Procedure Contract Law intellectual property technology technology licensing agreement U.S.

Contract remedies again prove broader than false advertising for pandemic-related suits

43(B)log

Thus, some but not all breach of contract claims survived. References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.”

Sports Turf Northwest Sues for Alleged Breach of Contract

Indiana Intellectual Property Law

After negotiating new contract terms, a new agreement (“Agreement”) was apparently entered into on or about May 18, 2018. After the expiration of the Agreement, Sports Turf attempted to negotiate a new contract, but Heinen apparently only wanted an “arrangement” and not a formal contract. Breach of Contract

Ping® January 2022 – Reminder To Review Your Contracts

LexBlog IP

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.

Law Firms Must Prepare For Contract Tech Co. Consolidation

IP Law 360

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

Can Artists Use Their Sale Contracts to Game the System?

Clancco

Great article by Lauren van Haaften-Schick on the artists’ contract. Contracts Feature agreements lauren van haaften-schick robert projansky seth siegelaub the artists contract written agreements

The First Offer Should Be Unreasonable – and Other Oddities of Government Contracting

Patently-O

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. by Dennis Crouch . The Federal Circuit’s new decision in DynCorp v. US (Fed. This bid-protest case arises from a peculiar procurement mechanism.

Ping® Webinar: 5 Things Every Design Contract Needs

LexBlog IP

This program covered: –The five key problem areas in design contracts. –What the key terms of a contract should be, why they are there and when they should be changed. I want to give a big thanks to Houzz PRO for hosting this webinar.

Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

“Shall Be the Property” Is Insufficient to Automatically Assign Title to an Invention in a Contract

JD Supra Law

On August 2, 2021, in Omni MedSci, Inc. Apple Inc., 20-1715, slip op. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing.

Ga. Payment Co. Settles Contract Suit With Ex-Sales Exec

IP Law 360

and a subsidiary told a Georgia federal judge on Monday they have settled their contract breach claims against a former sales executive over her work at a rival business Atlanta-based Fortune 500 company Global Payments Inc.

Pharma Co. Gets Partial Win In Cancer Drug Contract Fight

IP Law 360

An Illinois federal judge granted OncoGenerix USA Inc. summary judgment on almost all claims in a suit alleging it violated an agreement with Meridian Laboratories Inc. to help develop a cancer treatment, saying Meridian can't back up its allegations that OncoGenerix misappropriated its confidential information

EDPB provides guidance on requirements of data processing contracts

LexBlog IP

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. Processing contract must be in writing.

The Supreme Court of Canada May Hold Your Silence as Dishonesty in Contract Performance

Canadian Intellectual Property Blog

Zollinger, 2020 SCC 45 This case is applicable to all types of contracts including those involving Intellectual Property. The duty of honest performance requires that parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of a contract.

Think Before You Ink: Key Considerations in Contracting with Student Athletes for NIL Rights

JD Supra Law

Now that student athletes can engage in contracts for compensation in exchange for use of their name, image, and likeness (NIL), the commercial possibilities abound.

Manufacturing Month 2021: Celebrating Resilient U.S. Manufacturers Like Custom Contract Furnishings in High Point, North Carolina

U.S. Department of Commerce

Manufacturers Like Custom Contract Furnishings in High Point, North Carolina. Photo of a Custom Contract Furnishings (CCF) worker making upholstered seating for the hospitality, health care and senior living industries. . Manufacturing Month 2021: Celebrating Resilient U.S.

Breach Of Contract Vs. Equitable Remedies

GDB Firm Blog

Most of the time, a claim for breach of contract prevents a simultaneous claim for unjust enrichment or other equitable remedies. But sometimes, there is a back door

Three Cheers for the DSM Directive’s Rules on Author’s Contracts – and a Cautionary Note from the Netherlands

Kluwer Copyright Blog

The DSM Directive’s new rules on author’s contracts are indeed something to celebrate. The DSM Directive provides for a set of four contract adjustment measures, to the benefit of authors and performers: a right to appropriate (fair) remuneration (art.

Nine Point Ruling Limits High Court Bankruptcy Contract Rule

IP Law 360

Nine Point Energy Holdings — that nondebtor counterparties' contract rights terminate upon bankruptcy rejection when they depend upon the debtor's future performance — establishes an important outer boundary of the rejection-as-breach rule established by Supreme Court precedent, say attorneys at Proskauer A Delaware federal court's recent decision in Caliber North Dakota v.

Signing Contracts as a Representative May Lead to Individual Liability

LexBlog IP

Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed. Tharunidhar Narravula et al v.

Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Copyright contract law (Sections 31 et seqq. Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. UrhG). Right of remuneration (Sections 32 et seqq. UrhG).

Vape Co. Counters Brand Owner, Says It Broke $1.2M Contract

IP Law 360

million exclusivity contract between them California vape distributor Limitless Trading Co. LLC has denied accusations of copyright infringement by vape brand owner AK Futures LLC, and has filed counterclaims alleging AK Futures breached a $1.2

Brow-Raising TM Case Could Reshape Influencer Contracts

IP Law 360

If the Petunia Products v. Rodan and Fields brow products dispute, currently pending in a California federal court, ultimately finds, for the first time, that social media influencers can be liable for promoting trademark-infringing products, it could bring changes in influencer agreement drafting and negotiation, says attorney Marie-Andrée Weiss

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

LexBlog IP

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. These schools would be well advised to begin instructing their athletes on the fundamentals of contract law as well.

Samsung Doesn't Owe Netlist For Contract Breach, Jury Finds

IP Law 360

A California federal jury found Friday that Samsung doesn't owe damages for failing to fulfill Netlist's orders for computer memory products in breach of their deal, handing a win to the electronics giant following a judge's ruling in October that Samsung had breached the parties' joint development and patent license agreement

NY Legislature Expands Use Of "Design-Build" Contracts

GDB Firm Blog

Governor Cuomo rang in the new year by signing the New York City Public Works Investment Act, authorizing a variety of NYC agencies to enter into design-build contracts whereby one entity both designs and constructs the public improvement

Promissory Estoppel and the Contract from Hell

GDB Firm Blog

When a subcontractor gives a price to a contractor, which then relies on that quote in submitting its bid to the owner, the subcontractor can be locked in and bound to perform the work at that quoted price. But perhaps not always

Sports & Entertainment Spotlight: Former Tampa Bay Buccaneers Wide Receiver Antonio Brown’s Contract Is Terminated, and Fans Suffered Injuries Falling From the Stands at Washington FootBall Team’s FedEx Field

JD Supra Law

Former Tampa Bay Buccaneers Wide Receiver Antonio Brown had his contract terminated. Welcome back to the “Sports & Entertainment Spotlight,” where all are permitted entry – even Novak Djokovic. First and foremost, allow me to be among the last to wish you a Happy New Year 2022!