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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. MORE
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 MORE
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. MORE
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 MORE
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. MORE
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. MORE
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 MORE
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. MORE
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. MORE
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. MORE
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.” MORE
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. MORE
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 MORE
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. MORE
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 MORE
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. MORE
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. MORE
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 MORE
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. MORE
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. MORE
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 MORE
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 MORE
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! MORE
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. MORE
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 MORE
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 MORE
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. MORE
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. MORE
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 MORE
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 ). MORE
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. MORE
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 MORE
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 MORE
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. MORE
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). MORE
What things should artists be negotiating as part of licensing or gallery contracts? Corporate Law Art Law Contracts Independent ContractorsSteve Schlackman. We take a look at some of the most important along with a review of several standard provisions. MORE
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. MORE
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 MORE
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 MORE
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. MORE
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. MORE
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. MORE
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. MORE
Contracts Related Topics 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. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.
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. by Dennis Crouch. Kannuu Pty. LTD v. Samsung Electronics Co., LTD (Fed. 2021)( KannuuSamsungDecision ).
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Plagiarism Today
JULY 12, 2021
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.
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. Kolbe v. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.
Art Law Journal
MARCH 18, 2021
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.
Technology & Marketing Law Blog
JULY 16, 2021
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
Art Law Journal
MARCH 18, 2021
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
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. Legal Corporate Law contracts Independent Contractors
Art Law Journal
JUNE 25, 2021
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
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.
Art Law Journal
JUNE 25, 2021
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
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
Likelihood of Confusion
OCTOBER 12, 2021
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.
43(B)log
SEPTEMBER 3, 2021
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.
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. 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.
IP Watchdog
NOVEMBER 16, 2021
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.
43(B)log
SEPTEMBER 21, 2021
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.”
Indiana Intellectual Property Law
SEPTEMBER 8, 2021
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
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.
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
Clancco
FEBRUARY 25, 2021
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
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. by Dennis Crouch . The Federal Circuit’s new decision in DynCorp v. US (Fed. This bid-protest case arises from a peculiar procurement mechanism.
LexBlog IP
OCTOBER 28, 2021
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.
IP Watchdog
SEPTEMBER 6, 2021
JD Supra Law
SEPTEMBER 14, 2021
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.
IP Law 360
DECEMBER 6, 2021
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.
IP Law 360
JANUARY 18, 2022
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
LexBlog IP
JULY 16, 2021
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.
Canadian Intellectual Property Blog
JANUARY 20, 2021
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.
JD Supra Law
AUGUST 18, 2021
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.
U.S. Department of Commerce
OCTOBER 7, 2021
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.
GDB Firm Blog
APRIL 10, 2019
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
Kluwer Copyright Blog
JUNE 14, 2021
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.
IP Law 360
OCTOBER 21, 2021
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.
LexBlog IP
JULY 21, 2021
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.
Kluwer Copyright Blog
NOVEMBER 24, 2021
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).
IP Law 360
AUGUST 17, 2021
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
IP Law 360
SEPTEMBER 10, 2021
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
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. These schools would be well advised to begin instructing their athletes on the fundamentals of contract law as well.
IP Law 360
DECEMBER 6, 2021
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
GDB Firm Blog
JANUARY 27, 2020
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
GDB Firm Blog
MAY 20, 2019
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
JD Supra Law
JANUARY 7, 2022
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!
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