LexBlog IP

AUGUST 18, 2021

Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. Review the contract. Request return of property.

Advertising 86

Advertising Advertising Art Law 86

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 27, 2023

In particular, ChatGPT is a type of “language” model designed to respond with a natural language reply when prompted with a text-based question. The “Chat” in ChatGPT refers to this question-and-answer design, where ChatGPT behaves like a ChatBot. ” OpenAI, ChatGPT General FAQ.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 96

Artwork Trademark Publishing Marketing 96

The IPKat

SEPTEMBER 3, 2022

The role of celebrity, women and consumer markets in the music industry’ looks at the role of intellectual property in the rise of a technology company. One place to start is to ask ourselves why there has been so little change from the basic terms and conditions of Melba’s early 1900 contracts to those of the present day.”

Copyright 95

Copyright Music Intellectual Property Marketing 95

JIPEL Copyright Blog

NOVEMBER 16, 2021

Trade secret law is credited with fostering innovation in the market and allowing entities to include a vast array of intellectual property rights under its umbrella. Also, there must be recourse to address any privacy concerns of data subjects. This is particularly true in the field of machine learning (“ ML ”).

Contracts 45

Contracts Intellectual Property Technology Privacy 45

LexBlog IP

NOVEMBER 28, 2023

Taken together with other EU digital and privacy regulations – such as the Digital Services Act, Digital Operational Resilience Act and General Data Protection Regulation – the interlocking effect of such regulation will be challenging to navigate. On 9 November 2023, the European Parliament adopted the final text of the Data Act.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 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. Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. Principles Of Equity- within the case of John Richard Brady And Ors.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

LexBlog IP

FEBRUARY 22, 2022

Tangibly offers two distinct products: (1) a cloud-based platform that provides a dashboard where users can manage their assets and associated people and (2) a platform designed to make it easy for companies to execute and track NDAs. What contracts are protecting the asset? Have they been trained?

Contracts 52

Contracts Litigation Designs Design 52

Art Law Journal

AUGUST 18, 2022

One of the most frequently asked questions intellectual property lawyers hear from members of the art community is, “When should I use a model release form, and what should it say?” For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents.

Publishing 85

Publishing Art Contracts Artwork 85

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 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

AUGUST 27, 2021

where national law designates local authorities with the power to administer social welfare payments) but will more commonly be based on the organisation’s actual activities and functions in a specific situation. privacy notice, security standards, external audits etc.) Control can stem from law (e.g.

Contracts 52

Contracts Due Diligence Blogging Publishing 52

The IPKat

NOVEMBER 27, 2021

Yet, resources on how to design such methodology are scarce. This is why this Kat was pleased to see the “ Handbook of Intellectual Property Research ” (ed. Jacques de Werra follows with Chapter 4, where he discusses research perspectives on contract law and IP. Calboli and M. Montagnani, OUP, 912 pp.), the right answers.

Intellectual Property 144

Intellectual Property IP Law Privacy 144

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. If a contract between parties to a Business Court case contains a venue provision, the jury trial will be held in the county designated by the contract.

Business 52

Business Contracts Government Law 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

OCTOBER 27, 2022

In Matthews , the plaintiff, a manufacturer, designer, installer, and servicer of cremation equipment, asserted “claims of trade secret misappropriation [under both federal and state law] and breach of contract against several of its former employees and two of the entities where they are now employed.”

Confidentiality 52

Confidentiality Contracts Law Designs 52

LexBlog IP

MAY 9, 2022

And many protective orders contain language allowing either party to seal exhibits—or even entire pleadings—that contain documents designated ‘confidential’ or ‘attorneys’ eyes only’ Litigation moves forward, sensitive documents sealed, everybody wins. While the case, Binh Hoa Le v. 3d 410 (5th Cir.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

LexBlog IP

SEPTEMBER 10, 2021

Although the GPDR does not prescribe the legal form that this arrangement should take, the EDBP recommends that, in the interests of transparency and accountability, the arrangement is made in the form of a binding document, such as a contract.

Privacy 52

Privacy Contracts Publishing Designs 52

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JULY 19, 2021

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. The following is a preview of a paper to be published in the Intellectual Property Journal. . 1)(b), for the provision otherwise designates the presumption only in favour of first owners.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Puttaswamy v. The Plaintiff also referenced Vanna White v.

Personality Rights 63

Personality Rights Privacy Social Media Intellectual Property 63

LexBlog IP

NOVEMBER 15, 2023

While the Order does not itself resolve the intellectual property issues involving AI, it sets the stage for future guidance and executive actions by (i) instructing the Director of the U.S. Patent and Trademark Office to publish guidance addressing inventorship and the use of AI in the inventive process, (ii) directing the U.S.

Privacy 40

Privacy Intellectual Property Government Technology 40

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 103

Copying Copyright Law Copyright Social Media 103

LexBlog IP

JANUARY 6, 2023

” President Biden called this proposed rule “a huge step forward in banning noncompete agreements that are designed simply to lower people’s wages.” ” [4].

Contracts 52

Contracts Business Publishing Ownership 52

LexBlog IP

MARCH 21, 2022

Notably, a blockchain is designed to facilitate the raw data authentication issues. It plays the role of light node to transfer the data of smart infrastructure/devices to the blockchain network, which satisfies both privacy and transparency. This ensures the accuracy of the stored data.

Reporting 52

Reporting Privacy Technology Government 52

LexBlog IP

JUNE 7, 2023

The court found that the plaintiffs sufficiently identified the “contractual obligations allegedly breached,” as required to plead a breach of contract claim, and thus rejected defendants’ motion to dismiss these claims.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

LexBlog IP

DECEMBER 30, 2022

In July, we reported that Katherine Vidal, the Undersecretary of Commerce for Intellectual Property and Director of the USPTO, published a letter summarizing several initiatives designed in collaboration with the FDA to “get[] generic, biosimilars and more affordable versions of [] drugs into the hands of Americans.”

Reporting 52

Reporting Patent Application Intellectual Property Marketing 52

43(B)log

FEBRUARY 22, 2021

Ester van Zimmeren, University of Antwerp Exploring Trust Building Mechanisms for Specialized Intellectual Property Courts CJEU patent court hasn’t entered into force, but there are local and regional bodies. There are other policy concerns about research such as privacy, human subjects rules. Compete for patent litigation?

IP 40

IP Fair Use Copying Intellectual Property 40