LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”).

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Plagiarism Today

SEPTEMBER 22, 2022

First off today, David Saleh Rauf at Edweek Market Brief reports that ACT has emerged victorious in a legal fight against their competior WIN as an appeals court has upheld a legal victory for the prominent testing organization. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 194

Settlement Copyright Infringement Contracts Plagiarism 194

IPilogue

NOVEMBER 18, 2022

A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks. The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract.

Business 131

Business Contracts Branding Brands 131

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 103

Licensing Social Media Contracts Privacy 103

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. The report nominates the remuneration to be paid by the rightsholders, (i.e. Explained here ].

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

MARCH 25, 2024

The case relates to CCDH reports showing Twitter’s struggles with hate speech and misinformation following Musk’s changes to Twitter’s content moderation policies. These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues.

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 95

Blogging Contracts Cease and Desist Social Media 95

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.

Reporting 86

Reporting Music IP Intellectual Property 86

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Kluwer Copyright Blog

JANUARY 4, 2024

Google Ireland, CJEU, C-376/22 In 2021, Austria enacted a law requiring communication platform providers to establish mechanisms for reporting and verifying potential illegal content, with provisions for regular transparency reports, and allowing administrative fines of up to €10 million for non-compliance.

Copyright Law 73

Copyright Law Law Copyright Reporting 73

LexBlog IP

OCTOBER 18, 2023

announced that it has signed a contract with Ventegra, a major U.S. Celltrion states that, “by inclusion onto Ventegra’s formulary in both public and private insurance markets, Celltrion USA has secured access in the appropriate channel for approximately 3.6% On October 5, Celltrion Healthcare Co. of the entire U.S.”

Contracts 52

Contracts Reporting Marketing Marketing 52

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 91

Blogging Contracts Copyright Law Copyright 91

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums.

False Advertising 99

False Advertising Advertising Advertising Business 99

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. 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.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. as it was clearly used for purposes such as comment, news reporting, [and] teaching, not an infringement of copyright. the criteria for fair use.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire.

Music 98

Music Art Licensing Copyright 98

Technology & Marketing Law Blog

MARCH 29, 2022

She reported the harassment to support staff, but in profane and impolite messages that themselves might be construed as harassing. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Eventually, it appears the game restricted her access.

Contracts 113

Contracts Advertising Advertising Confidentiality 113

IP and Legal Filings

JULY 21, 2022

These are the works for which the education sector is the only effective market and copying such work will make them uneconomic for the copyright owner. Along a similar line, the USA also offers blanket licensing through the national RRO (Reproduction Rights Organization). No educational institution applied for any licenses till now.

Copyright 86

Copyright Licensing Higher Education Copying 86

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

The IPKat

FEBRUARY 13, 2022

These and other relevant figures were recently published by WIPO and Marques' CLASS 46 reported on them here. DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 142

Copyright Infringement Copyright Derivative Work Artwork 142

LexBlog IP

AUGUST 14, 2023

The CTA requires a range of entities to file a report with the U.S. The reporting rule goes into effect on January 1, 2024. The reporting rule goes into effect on January 1, 2024. Who is Required to Report? What is Required to be Reported? corporations; U.S. LLCs; Other similar U.S. LLCs; Other similar U.S.

Business 52

Business Ownership Reporting Registration 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

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet. designed wireless chips, which are manufactured by third parties under contract. billion through licensing R&D sharing, and Joint Ventures.

IP 52

IP Licensing Intellectual Property Marketing 52

The IPKat

JANUARY 31, 2023

The AmeriKat ignoring you after being told "no" A few weeks ago, the IPKat reported on the decision in Oxford University Innovation v Oxford Nanoimaging [2022] EWHC 3200 (IPKat report here ). The result being that money was due. The Judge commented: " To the contrary, there are good reasons for letting the case rest.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Bleacher Report, Inc. , No. 23-cv-00368-SI.

Contracts 72

Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

JANUARY 12, 2022

Google Successfully Amends Adwords Contract to Add Arbitration–AdTrader v. Google appeared first on Technology & Marketing Law Blog. If Singh can’t get this ruling reversed on appeal, then this case is dead and Singh spent a lot of unrecouped money over the past 5 years. Case Citation: Singh v. The CourtListener page.

Advertising 83

Advertising Advertising Settlement Blogging 83

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i] million in 2020 from more than 55,000 subscribers. [x]

Music 76

Music Copyright Licensing Fair Use 76

LexBlog IP

JANUARY 7, 2022

Personal data, as discussed further in our Data Privacy 101 overview, is any information relating to an identified or identifiable person, which may include a person’s name, date of birth, social security number, driver’s license number, credit card number, and medical information. Notification to Consumer Reporting Agencies.

Privacy 52

Privacy Intellectual Property Contracts Business 52

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. The toy came with a red “energizer”, which wound up the toy to be released.

Advertising 59

Advertising Advertising Social Media Licensing 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. MGA Entertainment.

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

AUGUST 7, 2022

Background Reports Protected by Section 230–Dennis v. Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. PeopleConnect, Inc. , 21-35690 (9th Cir.

Blogging 80

Blogging Reporting Advertising Advertising 80