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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Lawyers who advise website designers and companies, take note!

Contracts 111
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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). Case Background J 8/20 relates to appeals of the decisions to refuse two European patent applications ( EP3564144 and EP3563896 ) for failing to designate a natural person as an inventor.

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Piracy of registered Design

Biswajit Sarkar Copyright Blog

In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts that amount to piracy of registered designs and remedies. Acts amounting to piracy of registered design.

Designs 52
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Puma v/ EUIPO: Posts on celebrity's social media accounts may constitute early disclosure of a registered design

The IPKat

This time, photos published on the Instagram account of singer and businesswoman Rihanna to celebrate her appointment as artistic director of the Puma brand did not go unnoticed [ More Rihanna here and here ]. A famous Kat Facts Puma SE filed an application to register a Community design on 26 July 2016. Handelsmaatschappij J.

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127
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Piracy of Registered Designs and Remedies

Biswajit Sarkar Copyright Blog

In the context of Industrial designs, piracy occurs when someone other than the owner uses the registered design for his own gain. In this article, we shall explore the acts of piracy of registered designs and remedies. In this article, we shall explore the acts of piracy of registered designs and remedies.

Designs 52
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DSA: Commission issues guidance on the requirement to publish user numbers in the EU

LexBlog IP

Yesterday, 01 February 2023, the Commission published guidance on how online platforms and search engines within the scope of the Digital Services Act ( DSA ) should comply with their obligation to report user numbers in the EU. Providers of hybrid online platforms allowing consumers to conclude distance contracts with traders (i.e.