LexBlog IP

SEPTEMBER 15, 2021

A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman Act. That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman Act. That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees.

Law 52

Law Marketing Marketing Business 52

Intepat

JUNE 19, 2023

The parties must clearly agree to the law and form of dispute resolution to be employed in case of conflict. Commercialization Through Licensing A licensing contract is one where the owner of an intellectual property grants permission to use it for some form of regular payment generally called royalty.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” This sets up YouTube for a major own-goal. .”

Contracts 84

Contracts Social Media Blogging Law 84

The IPKat

JULY 7, 2023

Moreover, it could act as a useful tool to mix technology and policy, especially given its eventual accessibility and inclusivity. The next topic addressed the implementation of alternative dispute resolution, as there is the expectation that an increased number of disputes will take place when it comes to virtual worlds.

Reporting 86

Reporting Music IP Intellectual Property 86

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. It is an equitable defence in which the defendant claims that the plaintiff should not obtain a remedy and profit when the latter has acted unethically or in bad faith or has carried out illegal activity. because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

AUGUST 4, 2021

the right to an equitable remuneration of performers of sound, visual or audiovisual recordings and producers of sound recordings, for acts of communication to the public as well as for radio or television broadcasting of legally released recordings (provided for in article 49 of Law 2121/1993). Such remuneration is payable only to CMOs.

Copyright 52

Copyright Related Rights Television Law 52

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. 2021), the Third Circuit addressed the pleading requirements to assert a claim under Defend Trade Secrets Act (“DTSA”). in a trade secret and contract suit. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation.

Law 59

Law Confidentiality Designs Design 59

Kluwer Copyright Blog

JUNE 7, 2023

Professor Lionel Bently of the University of Cambridge acted as a commentator. This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Both suits were filed before the 2012 amendment to the Copyright Act. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JANUARY 12, 2024

Why are we revisiting this crusty old topic? Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Instead of asserting copyright and trademark claims, they tried trespass to chattels.

Copying 74

Copying Ownership Derivative Work Contracts 74

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments. RDB and Co. TIPS Industries Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 4, 2023

Image from here [Long post ahead] In a momentous development, the Bombay High Court made a bunch of important interpretations concerning the rights of the authors of underlying literary and musical works in light of the Copyright (Amendment) Act 2012. The court passed a joint order in Indian Performing Right Society Ltd.

Music 98

Music Copyright Ownership Licensing 98

LexBlog IP

JUNE 28, 2023

6) Any previous contracts with third parties that granted a licence to exploit the intangible asset and that the beneficiary may have concluded in the past – before the act of infringement – are crucial for this calculation.

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

NOVEMBER 11, 2022

While there was minimal legislative actively last month, there were a number of interesting decisions and articles on the trade secret and restrictive covenant front: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Perhaps the biggest news last month was the $104.65 The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

LexBlog IP

NOVEMBER 8, 2023

Collective management organizations and collective protection organizations may act, judicially or extrajudicially, in their own name, if their competence is based on a transfer of the relevant power, or on a power of attorney, or on any other contractual agreement. Further, article 22 of Law 4481/2017, stipulates that: 1.

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

DECEMBER 15, 2022

Here they are: Noteworthy Defend Trade Secrets Act Cases, Federal Trade Secrets Opinions and Related Commentary: Who would have thought a case about broccoli seeds could sprout so many interesting legal issues? And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. Certainly not me.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

SpicyIP

AUGUST 30, 2021

Topical Highlight. Kedar concludes that the Court set a much-needed precedent, by settling that even a medical necessity induced by COVID cannot be a free-pass for the pharma-companies to blatantly infringe IP rights and later play victim by justifying their act under the pretext of public emergency. Sun Pharma v. Cipla Ltd. ,

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

The IPKat

JUNE 26, 2021

The present case has been tried under the Shorter Trials Scheme (a topic for another post, says Merpel.). Facebook raised a comprehensive series of objections: there were disputes on the scope, clarity of the amendments, added matter, obviousness, and sufficiency. 60(1) of the 1977 Patents Act, equivalents, s.60(2),

Invention 52

Invention Art Patent Contracts 52

Technology & Marketing Law Blog

DECEMBER 26, 2023

To the extent there is a dispute regarding whether Defendants or a third party created any information at issue that is a matter for the jury to decide * Lai v. ” The mere operation of a website with later follow-up for price quotes, contract execution, and installation insufficiently establishes qualification.”

Publishing 85

Publishing Law Marketing Marketing 85

Technology & Marketing Law Blog

JUNE 20, 2023

The Road Not Taken At this point, no lawsuit had been filed; and the dispute probably could have been, and certainly should have been, easily resolved. Barton Beebe’s empirical work on this topic. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. In the guidance documents, FDA provides “answers to common questions from prospective applicants and other interested parties regarding the Biologics Price Competition and Innovation Act of 2009 (BPCI Act).”

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

MARCH 12, 2023

Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. However, that question does not guarantee federal subject matter jurisdiction, as the defendants learned in a decision remanding an ownership dispute removed to federal court back to state court. In Calvary Indus., Winters , U.S.

Blogging 52

Blogging Litigation Ownership Reporting 52

Kluwer Copyright Blog

NOVEMBER 17, 2021

In order to bring readers up to date on earlier developments, over the next few days we will be republishing in four parts an article (originally published in “Auteurs & Media”) summarising case law from 2015 to 2019 organised by topic. This first part covers the definition of a work, authorship and moral rights. 4, works of applied art.

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

Herbert Smith Freehills

MAY 31, 2022

As strange as it may seem, owning the "perceived defect" gave me the headspace to focus on the actual top priority on my list: I was about to move to the UK for my GDL and did not have a training contract yet. This curtailing of information is not just a hot topic across the pond, but also within Europe. Sophie Rich.

Music 52

Music Law Business Contracts 52

Herbert Smith Freehills

MAY 31, 2022

As strange as it may seem, owning the "perceived defect" gave me the headspace to focus on the actual top priority on my list: I was about to move to the UK for my GDL and did not have a training contract yet. This curtailing of information is not just a hot topic across the pond, but also within Europe. Sophie Rich.

Music 52

Music Law Contracts Government 52

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 89

Social Media Ownership Contracts Privacy 89