IPilogue

NOVEMBER 18, 2022

The termination of this seven-year partnership, most famously known for its development of the Yeezy sneakers, raises important questions about IP ownership when business collaborations collapse. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business 131

Business Contracts Branding Brands 131

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

43(B)log

AUGUST 11, 2021

Twain thought he should have ownership of his lectures—“my lecture was my property.” There’s some transformation in organization; used entire work/market substitute so Cord wouldn’t be able to sell her narrative a publisher. It’s not clear that giving Cord’s estate ownership would be social justice, but that’s a question worth asking.

Ownership 45

Ownership Moral Rights Copyright Publishing 45

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 79

Social Media Ownership Designs Design 79

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. A settled “patent troll” lawsuit is typically not the end of the world and is very common for any company in the middle market or larger.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

LexBlog IP

NOVEMBER 27, 2023

These reforms establish a clear framework for obtaining licenses, permits, and approvals, which is important for global investors seeking to enter the UAE’s renewable energy market. This ensures a competitive market environment that is appealing to businesses and investors.

Ownership 52

Ownership Contracts Marketing Marketing 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

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 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

43(B)log

OCTOBER 10, 2023

Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. DealMaker noted that Issuance’s own terms include a provision that allows Issuance to license its data.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Well, a smart contract isn’t really a contract – a smart contract is simply a bit of self-executing code.

Copyright 52

Copyright Contracts Television Licensing 52

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

DECEMBER 18, 2023

Firstly, buyers must be aware of designated areas for foreign ownership, known as freehold properties, as per UAE laws. Contract Formalities: Developers and brokers are not allowed to engage in informal contracts for off-plan property sales without prior approval from competent authorities. Such contracts are considered invalid.

Due Diligence 52

Due Diligence Contracts Registration Ownership 52

LexBlog IP

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 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.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal.

Ownership 98

Ownership Business Contracts Law 98

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. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 231

Copyright Non-Fungible Tokens Technology Plagiarism 231

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 65

Ownership Licensing Copyright Fair Use 65

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. A small entity is defined under 37 CFR § 1.27

Business 98

Business Inventor Patent Licensing 98

LexBlog IP

MARCH 10, 2024

36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. Dominant Position: An Establishment with the capability to control and influence activities within a Relevant Market.

Law 52

Law Intellectual Property Marketing Marketing 52

LexBlog IP

FEBRUARY 21, 2022

To explain, an NFT is a unique digital token stored on a blockchain—it acts as a record of ownership of an item, like a certificate of authenticity of a cat painting. On the Ethereum blockchain (where most NFTs exist) all NFTs must conform to the ERC721 smart contract standard.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. To enjoy these sets of rights the determination of authorship and ownership of the intellectual property is vital.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Kluwer Copyright Blog

JULY 5, 2022

The current market figures do not support the thesis that metaverse is virtual reality (VR) per se. Then, there is a second version of property ownership, as seen in the Second Life – virtual goods created by users, which belong to them. NFTs could potentially enable ownership but this is yet to be seen. Conclusion.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 79

Social Media Contracts Ownership Business 79

Clancco

JANUARY 4, 2022

He also discusses why that meaning of ownership—which may appear novel to many—isn’t new at all when considered against the backdrop of the market for conceptual art. In his article , Steiner explains what NFTs are and what it means to own one.

Art 64

Art Ownership Marketing Marketing 64

IP and Legal Filings

JUNE 16, 2021

The business must establish itself as a brand which must be in a sense which can provide the distinctive nature of the business in the market. It is important to understand the ownership or possession of IP in case of any such contract with a third party. The registration of the name must be done in the trademark registry.

IP 85

IP Ownership Registration Licensing 85

LexBlog IP

AUGUST 14, 2023

CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. What is Considered an Ownership Interest? -sourced revenue, and a physical operating presence in the U.S.;

Business 52

Business Ownership Reporting Registration 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

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96