Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. .'” Publisher/Speaker Claim. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

LexBlog IP

MARCH 10, 2024

The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. Key Definition within Federal Law No. Article 11 allows exemptions for specific contract categories required for economic growth.

Law 52

Law Intellectual Property Marketing Marketing 52

Plagiarism Today

AUGUST 9, 2022

To that end, I took my two most recent full articles on the site, the one about Activision plagiarizing an upcoming character’s design and the challenges of determining podcast plagiarism. But it’s difficult to see how this could serve as definitive proof of ghostwriting or contact cheating without additional information. Bottom Line.

Plagiarism 255

Plagiarism Contracts Publishing Reporting 255

The IPKat

NOVEMBER 15, 2022

Enforcement in blockchains The classical definition of blockchain is that of a distributed ledger technology whose main feature is to be immutable: it is impossible to manipulate or delete data after it’s been validated and placed into the Blockchain. As anything else which is written on a blockchain, the smart contracts, once deployed (i.e.,

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Litigation Business 75

Traverse Legal Blog

MARCH 1, 2023

I will cover some definitions, practical considerations, and background you need to know as you navigate your world. Let’s take a look at another definition. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise. Controllers are the ones that contract with you.

Privacy 52

Privacy Contracts Web Development Designs 52

The IPKat

FEBRUARY 13, 2024

Designation of the inventor (A-III-7) A-III-7 now states that the EPO will check whether the designated inventor is a natural person. This update follows the decision in J 8/20 (DABUS) that an AI cannot be designated as an inventor ( IPKat ). 25 sequence listing filed in PDF format as part of a divisional application" (A-IV-5).

Invention 70

Invention Art Inventor Designs 70

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

LexBlog IP

DECEMBER 20, 2023

. “Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services. Interoperability Obligations Chapter VIII sets out requirements to facilitate the interoperability of data and data sharing mechanisms.

Contracts 52

Contracts Business Law Journalism 52

The IPKat

JULY 7, 2023

The speakers considered technological standards, IP and licences, especially by analysing who are the participants in interoperability, how contracts with the Metaverse operators work and which rights are provided to the users. The following panel analysed generative AI. The Metaverse can provide for different types of innovation and visions.

Reporting 86

Reporting Music IP Intellectual Property 86

LexBlog IP

OCTOBER 19, 2021

SB 62 expands the definition of a garment manufacturer and extends the scope of liability for wage and hour violations to clothing brands—and likely some retailers. ” The new law defines “brand guarantor” as “a person contracting for the performance of garment manufacturing.

Law 52

Law Contracts Branding Brands 52

IP and Legal Filings

MAY 29, 2022

Trade secrets uphold the secrecy of integral information of an enterprise relating to its strategies, programs, designs, patterns, or more. DEFINITIONS UNDER VARIOUS ACTS. (1) Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. At its core, this pioneering approach for MSMEs represent a fusion of incubation, design intervention, and IPR safeguarding.

Settlement 52

Settlement Intellectual Property Registration Designs 52

IP and Legal Filings

AUGUST 7, 2023

A formal definition of the term can be drawn out by reading Section 2(76) of the Companies Act with Rule 3 of the Companies (Specification of definitions details) Rules, 2014. The entity operates as a post-employment benefit plan, designed for the welfare of employees belonging to either the reporting entity or an entity linked to it.

Reporting 92

Reporting Government Business Contracts 92

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Spartz, Inc.

Social Media 80

Social Media Contracts Ownership Business 80

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Litigation Business 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Option 1: expanding the definition of “inventor”.

IP 70

IP Inventor Invention Intellectual Property 70

Kluwer Copyright Blog

FEBRUARY 22, 2023

Part I addresses decisions in the areas of scope of protection, exploitation rights, exceptions and limitations, and copyright contract law. Copyright contract law German copyright law stipulates that authors are entitled to appropriate remuneration for every use of their work (Section 32 UrhG).

Copyright 52

Copyright Law Copyright Law Contracts 52

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. SF Design Group. Spartz, Inc.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. I posted a chapter from the book: Online Contracts. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Regulation of Political Advertising (2022 Edition). Comments on AB2408).

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 72

Contracts Law Reporting Blogging 72

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] Also dismissed.

False Advertising 72

False Advertising Ownership Registration Designs 72

Plagiarism Today

SEPTEMBER 28, 2021

As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.

Fair Use 243

Fair Use Non-Fungible Tokens Copyright Social Media 243

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Trading Secrets

DECEMBER 13, 2023

It may limit an area, thus making it reasonable, but it may not rewrite a contract void for vagueness, making it definite by designating a new, clearly demarcated area.” Prior cases directly held that “[b]lue penciling cannot cure [certain problems], for ‘the “blue pencil” marks, but it does not write.

Business 59

Business Contracts Licensing Designs 59

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. If a post-employment covenant merely seeks to eliminate competition and is not designed to protect a legitimate business interest, it will not be enforced.

Blogging 52

Blogging Confidentiality Business Editing 52

IP Tech Blog

JULY 10, 2023

the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. foreign sales of products for which foreign buyers designated the U.S. Trademark owners take note: In Abitron Austria GmbH et al.

Trademark 40

Trademark Intellectual Property Trademark Law Law 40

LexBlog IP

DECEMBER 13, 2023

It may limit an area, thus making it reasonable, but it may not rewrite a contract void for vagueness, making it definite by designating a new, clearly demarcated area.” ” Perhaps covenants that are overbroad but not vague can be re-written to a greater degree than the prevailing viewpoint thought.

Business 52

Business Contracts Licensing Designs 52

LexBlog IP

DECEMBER 13, 2023

It may limit an area, thus making it reasonable, but it may not rewrite a contract void for vagueness, making it definite by designating a new, clearly demarcated area.” ” Perhaps covenants that are overbroad but not vague can be re-written to a greater degree than the prevailing viewpoint thought.

Business 52

Business Contracts Licensing Designs 52

Trading Secrets

DECEMBER 13, 2023

It may limit an area, thus making it reasonable, but it may not rewrite a contract void for vagueness, making it definite by designating a new, clearly demarcated area.” Prior cases directly held that “[b]lue penciling cannot cure [certain problems], for ‘the “blue pencil” marks, but it does not write.

Business 52

Business Contracts Licensing Designs 52

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. This will be an interesting case to follow, in particular what the court considers “reasonable efforts” with respect to materials posted in a Facebook group.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

JULY 10, 2023

the Supreme Court definitively ruled that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial and extend only to claims where the infringing use in commerce is domestic. foreign sales of products for which foreign buyers designated the U.S. Trademark owners take note: In Abitron Austria GmbH et al.

Intellectual Property 40

Intellectual Property Trademark Trademark Law Law 40

IP and Legal Filings

DECEMBER 23, 2023

is the duty of the proprietor of an OPC to designate a successor who will assume control of the business upon the proprietor’s demise. A One Person company is the definition of a One Person Company under Section 2 (62) of the Companies Act, 2013. One Person Businesses have been doing business in the UK for a while now.

Business 88

Business Reporting Contracts Designs 88