Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 78

Social Media Ownership Designs Design 78

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 97

Social Media Ownership Branding Brands 97

Nelligan Law

MARCH 6, 2023

Reading Time: 2 minutes Introduction One of the joys of home ownership is being able to modify and alter the structure, layout, and furnishings within your home. The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. What are damages?

Law 52

Law Contracts Litigation Ownership 52

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

IPilogue

JUNE 14, 2022

Swift, in deciding to re-record her albums, ensured that her new (Taylor’s) versions gave her all three types of intellectual property right over her catalogue, guaranteeing full ownership. All music can be subdivided into three categories of copyright: lyrical, compositional, and sound.

Music 120

Music Contracts Ownership Licensing 120

The IPKat

OCTOBER 25, 2023

The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself. The Royal Decree acts as such a statute for the purposes of regulating the ownership and remuneration due for related rights. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Technology & Marketing Law Blog

APRIL 1, 2023

Construing these allegations as true and in Service’s favor, Service subjectively believed that he possessed an ownership interest and that he never approved the Comedy Dynamics deal. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership.

Fair Use 101

Fair Use Cease and Desist Contracts Ownership 101

LexBlog IP

DECEMBER 20, 2023

Several months prior to trial, in September 2020, Intel filed a motion to stay the litigation due to a new license defense the company wished to assert. Intel argued it had acquired a license to VLSI’s patents (including the two patents asserted in the litigation) due to a change of control of Finjan, Inc.,

Licensing 52

Licensing Contracts Litigation Technology 52

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. ” Implications.

Contracts 122

Contracts Publishing Licensing Editing 122

Patently-O

AUGUST 2, 2021

UM did not file any paperwork with the PTO attempting to claim ownership and UM is not a party to the present litigation. Lets look at the contract. This argument between Islam and UM was internal. Omni later sued Apple for infringement, but the iPhone giant argued that Omni lacked standing since UM was the real patent owner.

Patent 99

Patent Contracts Inventor Ownership 99

Trading Secrets

JANUARY 19, 2023

The rule would require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect. Litigation to enjoin the rule could be filed after the final version of the rule is issued, but before it takes effect, during the 180-day notice period.

Ownership 59

Ownership Contracts Business Litigation 59

Traverse Legal Blog

MARCH 8, 2022

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). They require both chain of tile and a contract setting forth the seller and buyers’ essential contract terms. NFTs are no different.

Non-Fungible Tokens 131

Non-Fungible Tokens Artwork Licensing Branding 131

LexBlog IP

JANUARY 19, 2023

The rule would require employers to rescind existing noncompete clauses with workers and actively inform their employees that the contracts are no longer in effect. Litigation to enjoin the rule could be filed after the final version of the rule is issued, but before it takes effect, during the 180-day notice period.

Ownership 52

Ownership Contracts Business Litigation 52

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. For example, the rise of patent trolls, who litigate cheaply-bought patents, use the IP system as a legal weapon. Moreover, damage demands in litigation cases involving IP are rising.

Intellectual Property 111

Intellectual Property IP Patent Troll Technology 111

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 103

Contracts Privacy Social Media Advertising 103

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

Settlement 97

Settlement Reporting Intellectual Property Contracts 97

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” 19, 2022) Judge Cannon has done some other stuff, too. Plaintiffs raise allegedly awesome polo ponies.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

LexBlog IP

AUGUST 30, 2022

And a claim for breach of contract (whether a restrictive covenant or NDA) also may present issues of fact when it comes to the elements of whether that contract was breached and what damages result, which again are issues that only a jury can decide. A case that I recently litigated illustrates how this can work.

Contracts 52

Contracts Invention Ownership Law 52

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts 96

Contracts Law Artwork Copyright 96

The IPKat

FEBRUARY 29, 2024

They are seeking to establish that they have an ownership stake in both the copyrights and performers’ property rights in the tracks which the band recorded between 1966 and 1970, and that they are owed unpaid royalties from Sony as a result. This New York action has been stayed pending resolution of the English litigation.

Copyright 109

Copyright Reporting Contracts Settlement 109

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

OCTOBER 1, 2022

The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

LexBlog IP

MARCH 16, 2023

We have previously discussed the thorny intellectual property implications of non-fungible tokens (“NFTs”), units of data stored on a blockchain that signify ownership of a unique digital media item. This issue recently came to a head in a 64-page federal court decision in Friel v.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

43(B)log

OCTOBER 26, 2021

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Wyndham claims that TET and Sussman falsely advertised and induced timeshare owners to breach their contracts with Wyndham by ceasing payments. Wyndham Vacation Ownership, Inc.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

FEBRUARY 16, 2022

Using NFTs has, in part, allowed digital artists to associate ownership in an original version of their art through the NFT that can be monetized much like the physical paintings or sculptures of artists creating in physical media. Artists and creators can monetize ownership of their digital creations.

Art 52

Art Non-Fungible Tokens Intellectual Property Ownership 52

LexBlog IP

FEBRUARY 1, 2023

This post will discuss things that go wrong with rent-to-own contracts. He was so excited that he immediately signed a contract with them without fully understanding all aspects of the contract, which was written in English – his second language. Are you considering a rent-to-own agreement?

Contracts 40

Contracts Ownership Law Litigation 40

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. For instance, the $66K NFT sold by the popular American digital artist Beeple carried a resale value of $6.6mn dollars. IP Implications under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

LexBlog IP

AUGUST 28, 2023

It does not make a distinction between properties that are located in designated and non-designated areas for foreign ownership and is therefore applicable to all nationalities. If agreed upon, a contract is signed, and the Department proceeds with the sale. Dubai Decree No.

Government 52

Government Ownership Law Settlement 52

Technology & Marketing Law Blog

OCTOBER 6, 2021

Part of any assessment of the suitability of a datacenter location should be the legal implications that may arise from locating servers in a particular jurisdiction, including the possibility that local courts could extend their jurisdiction over the datacenter’s customers and become a venue for litigation against the customers.

Blogging 115

Blogging Business Litigation Ownership 115

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

43(B)log

MARCH 4, 2022

The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority.”

Social Media 72

Social Media Advertising Advertising Business 72

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124