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 ).

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.

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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.

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

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.

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.

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

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

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.

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.”

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.

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

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.

“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.

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.

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

IP Watchdog

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.

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.

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

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.

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.

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.

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

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

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

Camera Co. Off Hook For Defunct Unit's Contract Breach

IP Law 360

Military-grade camera maker Vision Technologies Inc. has escaped a suit claiming that its now-bankrupt subsidiary violated multiple agreements in its acquisition of a commercial security-camera manufacturer after a Massachusetts federal judge found following a bench trial that the circumstances weren't "extreme" enough to hold Vision liable.

11th Circ. Delves Into Contract Over Phone Book Images

IP Law 360

A federal appeals court judge said Tuesday that the makers of The Real Yellow Pages may have violated the copyright on hundreds of images by using them in ways not outlined in the licensing agreement reached with the owner of the pictures

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

Licensing Strategies for the Visual Artist

Art Law Journal

Corporate Law Book Authorship Contract Negotiation Contracts LicensingSteve Schlackman. Don't be at a disadvantage when negotiating against an experienced opposing party. Here a few things to consider to even the playing field.

New York Courts Continue to Enforce Broad General Releases, Even When Claims are Unforeseeable at the Time of Contract Execution

LexBlog IP

In Chadha v. Wahedna , 2021 NY Slip Op. 50509(U) (Sup. 2021), Justice Ostrager of the New York County Commercial Division, dismissed Plaintiff Nilsa Chadha’s (“Plaintiff”) claims in their entirety due to Plaintiff’s execution of a general release.

You've Got Six Years to Sue for Breach of Contract, Right?

GDB Firm Blog

Contracting parties in the know are aware that the statute of limitations for breach of contract is six years. But a recent appellate decision reminds us that the parties can shorten that period quite a bit

No Contract? No Problem. Condo Unit Owners Can Still Sue Architect

GDB Firm Blog

Bucking a trend to the contrary, a recent decision finds condo unit owners can sue an architect for construction defects—even though they had no direct contract with the architect

TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. E-Commerce Licensing/Contracts Privacy/Security Trespass to Chattels

Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians

SpicyIP

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.

WIPO is Seeking a Senior Advisor, IP and Gender

IP Watchdog

This contracted position is located in Geneva, Switzerland, and is a non-fixed-term appointment. The new Senior Advisor, IP and Gender, will begin with a 2-year contract that is renewable based on performance over the initial 2 years.

Demonetized YouTuber Loses Lawsuit–Daniels v. Alphabet

Technology & Marketing Law Blog

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). Licensing/Contracts

Who Really Owns the Art: Freelancers or Employers?

Art Law Journal

Attribution & Integrity Contracts employer freelance Independent Contractors Work Made for HireSteve Schlackman. Many people think if they pay for creative work, they own the copyright but as you'll see in this article, that isn't always the case.

Art 81

Pricing for Illustrators Part 2

Art Law Journal

Operations commissions contracts freelance pricingIn part 2 of this conversation about pricing, you as an illustrator can get more detail on rates, licensing, and even how to alter these for family and friends. The post Pricing for Illustrators Part 2 appeared first on Art Business Journal.

Pricing for Illustrators

Art Law Journal

Operations commissions contracts freelance pricingDeciding on your pricing is one of the hardest moves to make in the art industry. Read what it's like to calculate rates from illustrator, Molly Magnell. The post Pricing for Illustrators appeared first on Art Business Journal.

Scarlett Johansson v Disney Black Widow: What is a Theatrical Release in the Age of Streaming Services?

IPilogue

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. Photo by Tima Miroshnichenko on Pexels.