Contracts and Reporting - Intellectual Property Pulse

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

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”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting

Reporting Non-Fungible Tokens IP Intellectual Property

How to Report Inventions Made During a Government Contract and Follow Up

JD Supra Law

APRIL 25, 2023

While performing a government contract, it is common for the contractor to make one or more inventions. Due to the nature of the work, invention-making occurs most frequently in research and development (R&D) contracts but can also happen in any contract under which the Government acquires products or services.

Contracts

Contracts Invention Government Reporting

Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Apple

Technology & Marketing Law Blog

NOVEMBER 7, 2023

Apple rejected two of the plaintiffs’ apps, “Coronavirus Reporter” and “Bitcoin Lottery,” for its app store. Contract Breach. Case citation : Coronavirus Reporter v. 3, 2023) The post Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Implications. Apple, Inc.

Reporting

Reporting Blogging Marketing Marketing

[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts

Contracts Artistic Work Copyright Copyright Law

CMA Releases Report on Music Streaming Market

IPilogue

JANUARY 5, 2023

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. According to the report, streaming services are the primary method of music distribution for labels and artists, with 39 million active users and over 138 billion streams in the UK in 2021.

Music

Music Marketing Marketing Reporting

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

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

Reporting Non-Fungible Tokens IP Intellectual Property

Ping® January 2022 – Reminder To Review Your Contracts

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts

Contracts Business Confidentiality Privacy

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

LexBlog IP

OCTOBER 3, 2022

Federal Contracting; Contractor Disclosure Requirements to Funding Agencies and Funding Agency March-in Rights. Additionally, under this statute, there is a preference for small businesses and nonprofits when awarding contracts. Bayh-Dole seeks to prioritize small businesses that are not yet dominant in their field of operation.

Contracts

Contracts Invention Licensing Government

I’m So Sorry to Report that You’ve Been Sued

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

Reporting Contracts Licensing IP

Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. Brandwatch, obtains data from Twitter under a contract, and then offers various tools to analyze its database. Are the reports advertisements?

Social Media

Social Media Reporting Contracts False Advertising

EDPB provides guidance on requirements of data processing contracts

LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts

Contracts Publishing Reporting Privacy

3 Count: Extra Element

Plagiarism Today

MAY 17, 2022

1: GPL Legal Battle: Vizio Told by Judge it Will Have to Answer Breach-of-Contract Claims. Vizio argued that the matter should be heard by a federal court, which has sole jurisdiction over copyright matters, but the SFC argued it was a contract dispute, which would be heard in the state court. Let me know via Twitter @plagiarismtoday.

Contracts

Contracts Licensing Branding Brands

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

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

Litigation Contracts Advertising Advertising

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

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

Blogging Contracts Cease and Desist Social Media

The Future of Copyright. In memory of Luigi Carlo Ubertazzi (Report 1/2)

The IPKat

SEPTEMBER 29, 2022

The synthetic skills of this GuestKat unfortunately do not allow to summarize all the lectures by these eminent scholars, but a report of the discussions that were made, mainly in their chronological order, is still possible and maybe can provide some food for thoughts for our Kat readers (with many apologies for any oversimplification).

Reporting

Reporting Copyright Intellectual Property Artistic Work

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

JD Supra Law

OCTOBER 19, 2023

We reported last month concerning California’s new non-compete law that furthers the state’s protections for employee mobility and seeks to void out of state employee non-compete agreements. California has done it again! Under existing California law, non-compete agreements with. By: Seyfarth Shaw LLP

Law

Law Contracts Reporting

3 Count: ACTing Fast

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. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Settlement

Settlement Copyright Infringement Contracts Plagiarism

3 Count: Sunshine Place

Plagiarism Today

SEPTEMBER 15, 2022

First off today, Nancy Dillon at Rolling Stone reports that the judge in the Taylor Swift Shake it Off lawsuit has declined a last-minute attempt to dismiss the case, putting it on track for a trial in January. Accused of Stiffing Cult Expert to Make Synanon Podcast With His Reporting. Let me know via Twitter @plagiarismtoday.

Reporting

Reporting Copyright Infringement Plagiarism Licensing

[Conference Report] More Than Just a Game - London 2023

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

Reporting Music IP Intellectual Property

Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

IPilogue

JUNE 23, 2022

for breach of a $145 million deal for the exclusive use what is being incorrectly reported as “name, image, and likeness (NIL)”. Nicklaus is one of the most prominent names in golf, so this recent filing has garnered the attention of sports reporters.

Contracts

Contracts Designs Design IP

3 Count: Matrix Arbitration

Plagiarism Today

MAY 31, 2022

First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. This prompted Village Roadshow to allege branch of contract. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. motion to do so.

Fair Use

Fair Use Reporting Plagiarism Copyright

3 Count: Database Audit

Plagiarism Today

JULY 12, 2021

1: Oracle Sues NEC Over Alleged Software Contract, Copyright Violations. First off today, Blake Brittain at Reuters reports that Oracle American has filed a lawsuit against NEC Corp alleging that NEC is using Oracle software, namely its biometric identification system, in a way that exceeds the terms of their license. 3: The U.S.

Licensing

Licensing Music Reporting Copyright

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

IPilogue

NOVEMBER 18, 2022

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. Moral clauses hold contracting parties to a behavioural standard so as not to bring scandal to the other party.

Business

Business Contracts Branding Brands

AIPPI UK Event Report: Roundup of 2022's Patent Cases

The IPKat

APRIL 5, 2023

Sam Krips from Hogan Lovells was on hand to report on the proceedings. Birrs LJ also ventured further than this and asserted that the court can determine the validity of a foreign patent if it is relevant to the enforcement of the contract in Otsuka Pharmaceutical Co Ltd v GW Pharma Ltd [2022] EWCA Civ 1462.

Reporting

Reporting Patent Patent Infringement Technology

Delaware District Court Adopts Magistrate Judge’s Report and Recommendation Denying Amgen’s Motion to Dismiss Regeneron’s Antitrust Claims, Overruling Amgen’s Objections

LexBlog IP

MARCH 23, 2023

As we previously reported , Magistrate Judge Hall issued a Report and Recommendation (“R&R”) on February 10, 2023 denying Amgen’s motion to dismiss Regeneron’s antitrust claims in Regeneron Pharmaceuticals, Inc. On February 24, 2023, Amgen filed its Objections to the Report & Recommendation.

Reporting

Reporting Marketing Marketing Contracts

Ask JeePT: Does ChatGPT replace a traditional trademark availability search?

JD Supra Law

JANUARY 18, 2023

Draft a contract. Write a book report. “It Unless you live under a rock, you have likely heard of ChatGPT, the artificial intelligence-powered chatbox, and the praises being sung regarding its unlimited functions. Ask it anything, they say. Have it summarize research. By: Cozen O'Connor

Contracts

Contracts Trademark Reporting

3 Count: Disney Defeat

Plagiarism Today

SEPTEMBER 21, 2022

First off today, Winston Cho at The Hollywood Reporter Esquire reports that Disney has failed to dismiss an ongoing case against it over the 2018 reboot of the Muppet Babies TV show. The judge also allowed overlapping breach of contract claims to move forward, setting the stage for a possible trial down the road.

Licensing

Licensing Reporting Fair Use Plagiarism

3 Count: Server Tested

Plagiarism Today

AUGUST 2, 2021

First off today, Blake Brittain at Reuters reports that U.S. Universal, Disney, Netflix, Amazon, Paramount, Sony are among the group that have teamed up to sue Tusa for both copyright infringement and breach of contract. Let me know via Twitter @plagiarismtoday. ” As such, Warner Bros.,

Copyright Infringement

Copyright Infringement Copyright Law Reporting Licensing

3 Count: Frequent Flyer

Plagiarism Today

JANUARY 24, 2022

First off today, Kim Lyons at The Verge reports that American Airlines has filed a lawsuit against the travel tips website The Points Guy alleging that the site has violated their copyrights, trademarks and the terms of service of their frequent flyer program. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Settlement

Settlement Copyright Notice Plagiarism Reporting

3 Count: Dark Horse Dismissal

Plagiarism Today

MARCH 14, 2022

First off today, Mark Savage at the BBC reports that Katy Perry has emerged victorious once again in the lawsuit over her 2013 song Dark Horse. However, Genius, not the copyright holder on the lyrics, opted to sue claiming breach of contract and unfair competition laws. Have any suggestions for the 3 Count? copyright law.

Settlement

Settlement Copyright Law Copying Plagiarism

3 Count: Spare Time

Plagiarism Today

DECEMBER 6, 2021

First off today, Suzanne Smalley at Inside Higher Ed reports that five major textbook publishers have teamed up to file a lawsuit against Shopify over allegations that the ecommerce platform is enabling rampant piracy. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement

Copyright Infringement Publishing Plagiarism Copyright

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

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

Blogging Contracts Copyright Law Copyright

Elucidating the Economics of Music Streaming Recommendations

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

Music Contracts Reporting Government

3 Count: Less Than Routine

Plagiarism Today

OCTOBER 21, 2021

First off today, Diane Haithman at TheWrap reports that filmmakers Spike Lee and Nate Parker have been sued for copyright infringement over allegations that their 2019 Film American Skin is an infringement of an earlier screenplay. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement

Copyright Infringement Social Media Publishing Licensing

3 Count: Wolfgang Disappointment

Plagiarism Today

OCTOBER 12, 2022

First off today, Chris Cooke at Complete Music Update reports that the Second Circuit Court of Appeals has upheld a verdict against the concert streaming service Wolfgang’s Vault, including a meager damages award. Let me know via Twitter @plagiarismtoday. 2: Bookie Operators Sued Over Alleged Sports Broadcast Copyright Infringement.

Licensing

Licensing Music Television Plagiarism

3 Count: Patchwork Lawsuit

Plagiarism Today

MAY 25, 2022

First off today, Natalie Hanson at Courthouse News Service reports that a trial between Oracle and Hewlett Packard (HP) has begun as Oracle accuses HP of infringing their rights to a variety of patches for the Solaris operating system. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Copyright Infringement

Copyright Infringement Publishing Plagiarism Copyright

Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

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. 3d at 10861.

Marketing

Marketing Marketing Contracts Business

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

JD Supra Law

JULY 26, 2021

Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S. By: Holland & Knight LLP

IP

IP Intellectual Property Contracts Blogging

3 Count: Free Law

Plagiarism Today

MARCH 23, 2022

First off today, The Associated Press reports that Ed Sheeran’s 11-day trial over the song Shape of You has concluded, and both sides are currently awaiting the ruling. That was offered exclusively through a contract with LexisNexis. Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday.

Law

Law Journalism Plagiarism Licensing

3 Count: AI Challenges

Plagiarism Today

MAY 18, 2022

Next up today, Efe Udin at Gizchina reports that NetEase Cloud Music has filed a formal lawsuit against Tencent Music, alleging that Tencent is illegally using music through a variety of their services. Both sides have agreed to cover their own costs. 2: Netease Cloud Music Officially Sues Tencent Music for Pirating Songs.

Music

Music Licensing Plagiarism Copyright

Steps forward: Singapore Deems NFTs as Property

IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. The claimant then sued the defendant for an “equitable proprietary claim” over the Bored Ape NFT, conversion, breach of contract, and unjust enrichment.

Non-Fungible Tokens

Non-Fungible Tokens Contracts Advertising Advertising

3 Count: Pulp NFT

Plagiarism Today

NOVEMBER 17, 2021

First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction. Have any suggestions for the 3 Count?

Non-Fungible Tokens

Non-Fungible Tokens Copyright Infringement Publishing Television

How Amazon is Punishing Victims of Piracy

Plagiarism Today

MARCH 1, 2023

Authors have been reporting that Amazon has been pulling their books because of pirated copies that allegedly breaking an exclusivity clause. The post How Amazon is Punishing Victims of Piracy appeared first on Plagiarism Today.

Plagiarism

Plagiarism Copying Reporting Publishing

[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

SpicyIP

AUGUST 1, 2023

Supervise research and provide technical, editorial inputs and writing reports. Supervising communication strategy of the programme’s work and activities to various audiences through reports, outreach materials, social media, updates for newsletters, blogs, and websites etc. No additional benefits/perks will be provided.

Intellectual Property Law

Intellectual Property Law Intellectual Property Contracts Social Media

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

How to Report Inventions Made During a Government Contract and Follow Up

Trending Sources

Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Apple

[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

CMA Releases Report on Music Streaming Market

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Ping® January 2022 – Reminder To Review Your Contracts

Federal Contracting; Contractor Disclosure to Funding Agencies and Agency March-in Rights

I’m So Sorry to Report that You’ve Been Sued

Text of Complaint in X Corp v. Center for Countering Digital Hate (CCDH) in CD Cal, regarding not-for-profit’s reports on Twitter disinformation policies

EDPB provides guidance on requirements of data processing contracts

3 Count: Extra Element

Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. CCDH

Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

The Future of Copyright. In memory of Luigi Carlo Ubertazzi (Report 1/2)

Golden State Crackdown on Non-Competes: California Enacts Second Non-Compete Law To Curtail Use of Non-Competes With Employees

3 Count: ACTing Fast

3 Count: Sunshine Place

[Conference Report] More Than Just a Game - London 2023

Why the Golden Bear is Actually Going to Court: Nicklaus Company v Jack Nicklaus

3 Count: Matrix Arbitration

3 Count: Database Audit

It’s Not Going to Be (Y)easy: What Happens when Business Collaborations Dissolve?

AIPPI UK Event Report: Roundup of 2022's Patent Cases

Delaware District Court Adopts Magistrate Judge’s Report and Recommendation Denying Amgen’s Motion to Dismiss Regeneron’s Antitrust Claims, Overruling Amgen’s Objections

Ask JeePT: Does ChatGPT replace a traditional trademark availability search?

3 Count: Disney Defeat

3 Count: Server Tested

3 Count: Frequent Flyer

3 Count: Dark Horse Dismissal

3 Count: Spare Time

Contractual Control over Information Goods after ML Genius v. Google (Guest Blog Post)

Elucidating the Economics of Music Streaming Recommendations

3 Count: Less Than Routine

3 Count: Wolfgang Disappointment

3 Count: Patchwork Lawsuit

Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

3 Count: Free Law

3 Count: AI Challenges

Steps forward: Singapore Deems NFTs as Property

3 Count: Pulp NFT

How Amazon is Punishing Victims of Piracy

[Sponsored] CIIPC, NLU Delhi Invites Applications for the Position of Research Programme Coordinator (Apply by August 12)

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