Technology & Marketing Law Blog

OCTOBER 23, 2021

“To the extent the contract pertains to use of Peloton’s Services (e.g., ” The idea is that sometimes nonsignatories get benefits from a contract sufficient to impose the contract terms on them anyways. ” Thus, the nonparties cannot be swept into the contract. That’s Contracts Law 101.

Contracts 116

Contracts Registration Litigation Copying 116

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 114

Licensing Fair Use Blogging Copyright 114

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. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. On November 4th (spoiler alert!) The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

43(B)log

OCTOBER 12, 2022

The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.” Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

The IPKat

FEBRUARY 29, 2024

Sony maintains that the worldwide copyright for the recordings is held by Experience Hendrix LLC and Authentic Hendrix LLC, who license the rights to exploit and distribute the recordings to them. This New York action has been stayed pending resolution of the English litigation. removed from the pleadings).

Copyright 109

Copyright Reporting Contracts Settlement 109

Kluwer Copyright Blog

JULY 14, 2023

use of indigenous content, model contracts and/or national laws on limitations and exceptions). Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. version with further considerations (e.g., Proposal 3. Proposal 5. Proposal 6. Proposal 8. Proposal 9.

Database Right 52

Database Right Licensing Public Domain Artwork 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. Besides ongoing litigation in multiple jurisdictions, the discussion of the relationship between copyright and content mining will continue – if not increase in intensity – for the foreseeable future.

Government 141

Government Related Rights Copyright Law 141

Plagiarism Today

SEPTEMBER 30, 2022

1: Megan Roup Seeks Dismissal in Fitness Routine Copyright, Contract Lawsuit. Anderson filed the lawsuit against Roup saying that Roup had copied several exercise routines that Anderson had created. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Music 38

Music Copyright Infringement Contracts Copyright 38

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! assertions.

Registration 111

Registration Fair Use Copyright Designs 111

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. ” After 5 years of litigation, we still don’t know the answer to this important question.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

AUGUST 31, 2021

Factor three : The entirety of the work was copied. Factor four : The fourth factor also weighs against fair use: Unrestricted and widespread conduct of the sort Defendant engaged in would destroy the market for licensing Plaintiff’s work. Philpot is a serial litigant. The second factor weighs slightly against fair use.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. and abroad. The Court first asked if the statute explicitly applies to foreign conduct.

Trademark 52

Trademark Marketing Marketing Contracts 52

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. The toy came with a red “energizer”, which wound up the toy to be released.

Advertising 59

Advertising Advertising Social Media Licensing 59

Velocity of Content

JANUARY 31, 2023

I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. Full disclosure: CCC offers RightFind XML, a service that supports licensed commercial access to full-text articles for TDM with value-added capabilities.) GitHub Inc.,

Licensing 98

Licensing Fair Use Journalism Publishing 98

The IP Law Blog

MARCH 2, 2021

This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder. Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. This legal standard ensures lots of meritless litigation.

Contracts 72

Contracts Law Reporting Blogging 72

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes. It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain.

Technology 52

Technology Patent IP Invention 52

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Copyright contract safeguards and other additions to the Portuguese Copyright Code Most copyright contract rules required by the CDSM Directive are not innovative in light of the existing Portuguese copyright rules.

Art 103

Art Contracts Publishing Licensing 103

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. Biosimilar Approvals and Launches in 2020. Conclusion.

Settlement 52

Settlement Litigation Marketing Marketing 52

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. This awareness is manifested by either directly addressing TDM in their Terms of Use or Content License Agreements, or alternatively by having specific policies, FAQs or summaries for TDM. In this fragmented landscape, self-regulation (e.g.,

Publishing 98

Publishing Art Licensing Copying 98

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. The Ninth Circuit fixes that obvious error, saying the chattel in question “are the copies of Plaintiffs’ websites.” The “copies” in question are not copies in the abstract sense.

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mark McKenna: Another explanation was maybe these bespoke regimes weren’t addressing actual problems; overrepresentation of people w/specific litigation interests.

IP 45

IP Invention Designs Design 45

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . Figure 1, Slip op.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. While entering into a licensing agreement in the first place, the Defendant had essentially given up its right to contend such an exemption. You can see his previous posts for us here. Akshat Agrawal. Defendant had affirmed this.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. The underlying digital asset is copyright protected and licensed to the buyer of the NFT. But now there is something new in the blockchain space. NFTs are tokens. They are sold.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98

43(B)log

FEBRUARY 24, 2021

Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Jose Antonio Arochi: Mexico doesn’t have specific regulations. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. This case was dismissed in June 2023 in an order by Judge Sykes, for failure to plead copying – primarily for lack of 'access'. Secondly, in New York, from L.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 86

Blogging Copyright Licensing Copyright Infringement 86

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 56

Publishing Law Contracts Licensing 56

Kluwer Copyright Blog

MAY 30, 2022

An important but relatively neglected flaw is its silence on the features of the licensing mechanism that Member States may and shall adopt for the management of the press publishers’ right. The licensing scheme adopted by the Italian implementation of Article 15 represents a perfect case in point. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! 26, 2021).

Copyright 111

Copyright Copying Copyright Infringement Copyright Law 111