IP Law 360

FEBRUARY 23, 2024

Here, Law360 looks at.

Litigation 52

Litigation Contracts Designs Design 52

LexBlog IP

MARCH 6, 2023

For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. 23, 2022). [1] Lifted Ltd., Novelty, Inc. ,

Litigation 52

Litigation Patent Design Patent Patent Application 52

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. Now, the primary vehicle to stop web scraping is with breach of contract claims. Lawyers are increasingly confident that courts will enforce the breach of contract claim against scrapers and obtain the relief thy want.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Plagiarism Today

MAY 18, 2022

However, that prompted the Public Citizen Litigation Group to step in. According to NetEase, Tencent, through its QQ Music streaming platform, has violated a contract with them by streaming music in provinces where QQ has no license to do so. 3: Performing Artists Push for copyright protection from AI deepfakes.

Music 187

Music Licensing Plagiarism Copyright 187

The IPKat

DECEMBER 26, 2023

Sweden has also transposed Article 20, by amending Section 29 of the Swedish Copyright Act, and news has broken that litigation has begun in that Member State over the application of the resulting national provision and its temporal scope of application.

Contracts 62

Contracts Designs Design Copyright Law 62

The IPKat

AUGUST 16, 2023

There has been a lot of excitement about whether an AI can be formally designated as an inventor. Trademarks Marcel Pemsel discussed the recent Jägermeister litigation in Austria and Germany. The well-known herbal liqueur brand went head-to-head with two other deer-branded alcoholic products.

Invention 52

Invention Inventor Branding Brands 52

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Thus, the Points Guy.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Selvam & Selvam Blog

NOVEMBER 14, 2022

Thus, Commercial Courts are made to resolve business issues such as fraud, breach of contract, unfair trade practices etc. Even though pre-litigation mediation has been made mandatory by the Court, recent trend states that it can be avoided in cases involving intellectual property rights where urgent interim relief is sought.

Intellectual Property 52

Intellectual Property Litigation Settlement Government 52

IP Watchdog

MARCH 8, 2022

The complaint explains that Google changed the way it displays restaurant search results in 2019, confusing customers into ordering through Google-designed ordering buttons and pages, thereby robbing the restaurants of direct online orders.

Contracts 117

Contracts Designs Design Government 117

Barry Sookman

NOVEMBER 27, 2022

no implied term of non infringement in design contract, what about an implied condition of title? McCarthy Tétrault’s expertise recognized in Lexpert’s Litigation Special Edition and Top 10 Business Decisions | M… [link] 2022-11-23. 2022 BCPC 228 (Ca… [link] 2022-11-22. link] 2022-11-23.

Editing 57

Editing Contracts Litigation Designs 57

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Airbnb is simply a software platform and allows the parties (hosts and guests) the freedom to contract and enter into a short term rental agreement on terms controlled by the host. in California seeking monetary damages and injunctive relief.

Litigation 69

Litigation Contracts Business Marketing 69

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 116

Blogging Law Contracts Cease and Desist 116

Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 135

Contracts Publishing Law Government 135

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? Who has access to the trade secret? Have they been trained?

Contracts 52

Contracts Litigation Designs Design 52

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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. An analysis of the pros and cons of each set of rules should be part of any relevant litigation strategy.

Contracts 75

Contracts Confidentiality Litigation Business 75

Technology & Marketing Law Blog

OCTOBER 25, 2023

The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. In other words, not even close. Purpose and Character of Use.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

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. Though the court doesn’t discuss any of the precedent cases, the court is addressing the well-litigated question of whether online marketplaces are legally responsible as the “seller” of marketplace items.

Contracts 73

Contracts Advertising Advertising Privacy 73

43(B)log

FEBRUARY 3, 2024

Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Consumer contract part: consumers don’t read most consumer contracts, which are contracts of adhesion. If only the tsar knew !

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

OCTOBER 12, 2022

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. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. HSI * Furniture Retailer Enjoined from Sending eBay VeRO Notices–Design Furnishings v.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

43(B)log

JULY 6, 2022

The parties are involved in related patent litigation. Medline also allegedly made “unfounded allegations” that its system was safer and reduced the risk of catheter-induced urinary tract infections (ugh)/that BD’s new design was more likely to cause UTIs. The allegations were sufficient to state a Lanham Act claim.

False Advertising 59

False Advertising Designs Design Advertising 59

The IPKat

FEBRUARY 29, 2024

This New York action has been stayed pending resolution of the English litigation. This is an interesting legal question as the Copyright, Designs and Patents Act 1988 (the CDPA) brought in new performers’ rights, even for earlier performances such as Mitchell’s and Redding’s subject to transitional provisions regarding prior contracts.

Copyright 109

Copyright Reporting Contracts Settlement 109

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction.

Social Media 98

Social Media Ownership Branding Brands 98

Indiana Intellectual Property Law

MARCH 7, 2023

The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 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 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 79

Social Media Ownership Designs Design 79

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. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

Traverse Legal Blog

MARCH 8, 2022

A trademark can be any word or phrase symbol design combination of things that identifies your goods and services in the marketplace. Your trademark identifies your company as the source of goods and services related to your NFTs and digital assets (the pictures linked to your NFT smart contracts). NFTs are no different.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Patently-O

FEBRUARY 8, 2022

For several years we have been tossing around the question of whether no-IPR contracts are enforceable. The covenant included both in court litigation and also validity challenges before the USPTO. asserting breach of contract and also that Sarepta’s patents are invalid. by Dennis Crouch. In Nippon Shinyaku v.

Contracts 60

Contracts Intellectual Property Patent IP 60

Trading Secrets

JUNE 24, 2021

The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas. Most often, restrictive covenants are designed to prevent a departing employee from competing with his/her former employer for clients or business. Code Section 15.50(a).

Contracts 52

Contracts Confidentiality Litigation Business 52

Indiana Intellectual Property Law

MARCH 8, 2023

One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.”

Patent Infringement 40

Patent Infringement Patent Television Designs 40

IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § 7, 1999, was a commercial offer for sale of a product embodying the claimed design. Medical Components, Inc. , 2021-1649 (Fed. Wells Elecs., 55, 67–68 (1998).

Designs 52

Designs Design Design Patent Contracts 52

CopyrightsWorld

FEBRUARY 10, 2021

turned out to be almost identical, and Gassée believed this to be a breach of contract. In 2014, Apple and Google released a joint statement saying that it had agreed to settle all patent litigation with Apple and would even “work together in some areas of patent reform.”. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

43(B)log

FEBRUARY 3, 2022

Rolling Stone litigation, though the facts are more internet-oriented. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

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