IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

Contracts 119

Contracts Law Patent Licensing 119

Technology & Marketing Law Blog

APRIL 16, 2022

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.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 109

Contracts Designs Design Law 109

Technology & Marketing Law Blog

DECEMBER 23, 2022

This outcome is consistent with other “Internet of Things” cases, such as the 23andMe litigation (and, in a sense, the ProCD v. BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.” Zeidenberg case from way back when).

Contracts 74

Contracts Privacy Registration Government 74

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve Zeidenberg and the 23andMe litigation.

Contracts 111

Contracts Litigation Blogging Law 111

IP Intelligence

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Air Voice Wireless LLC , 2018 WL 6303852 (C.D. In other words, it matters what it is, not what you call it.

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 5, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Air Voice Wireless LLC , 2018 WL 6303852 (C.D. In other words, it matters what it is, not what you call it.

Licensing 52

Licensing Due Diligence Business Trademark 52

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

LexBlog IP

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? Air Voice Wireless LLC , 2018 WL 6303852 (C.D. In other words, it matters what it is, not what you call it.

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

IP Watchdog

JANUARY 3, 2024

holding that the language of the governing contract's forum selection clause expressly allowed for the filing of inter partes review (IPR) proceedings in certain circumstances. entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents.

Settlement 59

Settlement Contracts Government Licensing 59

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Bayer CropScience LP v. Pierce, Docket No.

Litigation 73

Litigation Patent Patent Infringement Contracts 73

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

LexBlog IP

MAY 16, 2023

Parties entering into patent transactions involving existing (or potential future) EPs should consider the impact of the UPS on their contracts and licences. In some cases, time may be of the essence in implementing the desired actions, so ensure the contract reinforces this through tight deadlines and timing covenants.

Contracts 52

Contracts Patent Designs Design 52

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. The post 3 Count: AI Challenges appeared first on Plagiarism Today.

Music 186

Music Licensing Plagiarism Copyright 186

IP Watchdog

NOVEMBER 16, 2021

In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability.

Contracts 69

Contracts Licensing Technology Law 69

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Biswajit Sarkar Copyright Blog

AUGUST 23, 2023

An example of the same can be drawn from the recent litigation proceedings of Sony Music Entertainment v. The situation escalated only in 2022 when Triller had failed to fulfill the agreed payments as decided in the licensing agreement. This naturally caused a breach of contract on the part of Triller Inc. Triller Inc.

Music 52

Music Intellectual Property Law Licensing Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things.

Marketing 127

Marketing Marketing Contracts Business 127

IAM Magazine

MAY 19, 2022

Lawsuit accuses licensing administrator of punitive change to contract and follows previous German patent litigation between the two companies.

Contracts 52

Contracts Patent Licensing Litigation 52

IAM Magazine

MAY 19, 2022

Lawsuit accuses licensing administrator of punitive change to contract and follows previous German patent litigation between the two companies.

Contracts 52

Contracts Patent Licensing Litigation 52

IP Law 360

JULY 13, 2023

A federal judge in Pennsylvania decided Thursday to wipe out some more claims in an extensively litigated fight over the correct interpretation of a decade-old licensing contract in a trade secrets row over an aluminum treatment process used to treat Ford F-150 truck parts.

Contracts 40

Contracts Licensing Litigation 40

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 82

Litigation Law Patent Invention 82

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. The District of Maryland recently awarded a software developer a mere $1.00 In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

Traverse Legal Blog

MARCH 8, 2022

In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. 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). Learn more about NFT licensing.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

Technology & Marketing Law Blog

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 78

Contracts Blogging Litigation Licensing 78

IPilogue

JUNE 14, 2022

Shamrock Investments, who acquired Swift’s master recordings from Ithaca in 2020, are in an increasingly tenuous position: Swift has precluded them from licensing to ad agencies, films, and tv shows, and where they do license, Swift receives royalties in those cases.

Music 120

Music Contracts Ownership Licensing 120

Patently-O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. This includes name, SSN, DOB, Driver’s License, etc. The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

Privacy 116

Privacy Contracts Licensing Litigation 116

Nelligan Law

MARCH 6, 2023

The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. A contract can be implied, oral or written. In most renovations, the contract is the agreed upon work to be done, and the exchange of money for the services and expertise of the contractor.

Law 52

Law Contracts Litigation Ownership 52

CoCal IP Law Institute

NOVEMBER 19, 2023

Most commonly we defend against claims of patent or trademark infringement, though we also handle copyrights, trade secrets and IP-based contract disputes (e.g., Part of our regular practice is defending companies that have been sued.

Reporting 52

Reporting Contracts Licensing IP 52

IP Law 360

APRIL 18, 2022

A California federal judge has held that a solar energy company can collect $1 million in unpaid royalties from its rival in a contract breach suit over the use of solar module technology, finding that launching the litigation didn't terminate a scheduled licensing payment.

Contracts 40

Contracts Licensing Litigation IP 40

Traverse Legal Blog

FEBRUARY 22, 2022

These issues include drafting your short-term rental contract, local rental laws and regulations, the terms of service with the platforms such as Airbnb, VRBO and Booking.com and defamatory ratings and reviews which affect your reputation. Some cities now require you to obtain a business license or a special permit for vacation rentals.

Law 97

Law Contracts Business Litigation 97

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Cite to IC v.

Contracts 122

Contracts Publishing Licensing Editing 122

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80