Technology & Marketing Law Blog

OCTOBER 23, 2021

Peloton invoked the arbitration clause in its TOS. The court discusses another topic I don’t often see discussed. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract. That’s Contracts Law 101. Amazon case.

Contracts 122

Contracts Registration Litigation Copying 122

Nelligan Law

AUGUST 8, 2022

The Copyright Act and The Industrial Design Act both touch on the topic of employment and IP. Non-compete clauses refer to contractual language that restrict employees from entering into a similar profession or doing similar work that can be considered in competition with a former employer. Non-compete. However, in Parekh et al v.

Intellectual Property 74

Intellectual Property Invention Ownership Contracts 74

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. Many platforms already incorporate this clause into their terms and conditions, but not all do. This said, of course, NFTs are not the only way that digital assets can be marketed and sold.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

Intepat

JUNE 19, 2023

Understanding Key Terms – Knowing the relevant issues with regard to the intellectual property to be assigned and the important clauses to be deliberated on go a long way in maximising the efficiency of an assignment agreement. Some of such important clauses are as below: The form of agreement should be in a written form.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

Art 56

Art Plagiarism Artwork Graphic Design 56

Kluwer Copyright Blog

MARCH 19, 2024

The former had contracted with Wali’s studio to redesign the station murals as part of an initiative to promote Egyptian civilization, heritage and culture. Luckily for the Russian artist, his accusations quickly caught the attention of RATP DEVM Mobility Cairo, a French subsidiary responsible for the operation of Cairo’s third Metro line.

Art 52

Art Plagiarism Artwork Graphic Design 52

IP and Legal Filings

MARCH 14, 2022

Article 6bis of the Convention fails to establish a period or tenure for an author’s moral rights, leaving it to the discretion of the Convention’s contracting parties. The best strategy would be to write an agreement that includes a reasonable severability clause. Amar NathSehgal vs. Union of India 2002 SCC OnLine Del 390.

Moral Rights 60

Moral Rights Copyright Contracts Law 60

Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Copyright Protection for Legal Documents. Case citation : UIRC-GSA Holdings, LLC v.

Copyright 49

Copyright Copying Copyright Infringement Editing 49

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales.

Confidentiality 69

Confidentiality Law Contracts Business 69

Biswajit Sarkar Copyright Blog

JULY 11, 2022

One of the most contentious topics in arbitration is the arbitrability of IP disputes. Following that, these four parties signed a security deposit agreement that had an arbitration clause. The Bombay High Court ruled that the arbitration clause in the contract is lawful in response to this.

Intellectual Property 52

Intellectual Property Settlement IP Copyright 52

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales.

Confidentiality 52

Confidentiality Law Contracts Business 52

The IPKat

JULY 9, 2023

It might also have been interesting to examine the various topics covered from a European perspective. Protection can be achieved through solid contractual clauses for works produced on commission. the type of permission, payment, and contract). The use of cease-and-desist letters is widespread too. because of rain).

Art 57

Art Copyright Moral Rights Cease and Desist 57

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. A similar clause, setting a term of 14 years, existed in the UK’s Statute of Anne 1710. Reversion of rights That said, some balance is offered in the U.S.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Trading Secrets

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The first specifies that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. California recently enacted two new non-compete laws.

Confidentiality 52

Confidentiality Litigation Business Law 52

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. Still, I prefer it when judges rely on Section 230(c)(1) to take the “good faith” topic off the table entirely. ” Contract Breach/Promissory Estoppel.

Social Media 113

Social Media Contracts Government Publishing 113

LexBlog IP

DECEMBER 19, 2023

The breadth of our discussions encompassed a spectrum of critical topics: FTC Proposes Rule Banning Use of Non-Competes. The first specifies that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract. California recently enacted two new non-compete laws.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

The IPKat

SEPTEMBER 30, 2022

Ricolfi sees the need to revise the classical paradigm of intellectual property not only by calling for the intervention of the legislator, but rather by rediscovering the classical elements of civil and private law: · role of the contract; · civil tort; · collective actions, recalling the importance of Directive 2020/1828.

Reporting 91

Reporting Copyright Intellectual Property Moral Rights 91

Technology & Marketing Law Blog

JUNE 27, 2022

Third, this bill reaches topics well beyond children’s privacy. Instead, the bill repeatedly implicates general consumer protection concerns and, most troublingly, content moderation topics. ” The scope of this taskforce likely exceeds privacy topics. Dormant Commerce Clause. “Profile a child by default.”

Privacy 141

Privacy Designs Design Business 141

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. million for Ford’s breach of contract. Maxwell Goss also has an earlier post this year on the same topic that was published by The Michigan Law Journal. The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

LexBlog IP

JUNE 28, 2023

The Court held that this applies regardless of the existence of contractual clauses that prohibit further transfer. For further information on this topic please contact Kriton Metaxopoulos at A & K Metaxopoulos & Partners Law Firm by telephone (+30 210 725 7614) or email ( k.metaxopoulos@metaxopouloslaw.gr ).

Copying 52

Copying Copyright Law Copyright Editing 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]. b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and. c) Top 10 Other IP Developments. H Lundbeck A/S v. Hetero Drugs Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

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.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

DECEMBER 15, 2022

And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S. District Court for the Western District of Texas used a liquidated damages clause to determine the damages in that case, a far easier mechanism for determining damages than a traditional lost profits or disgorgement model.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Trading Secrets

DECEMBER 29, 2022

Employers should ensure that their employment agreements include favorable choice-of-law, venue, and forum-selection clauses to increase the likelihood that any subsequent legal proceeding for trade secret misappropriation occurs in a location that is likely to recognize and protect the company’s intellectual property. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

JIPL Online

FEBRUARY 25, 2021

1] It’s not uncommon to hear artists complain about record label contracts once they see the impact their deals have on the control of their own music. [2]. What this clause means is that the artist essentially has no ownership or control of the master sound recording created under the agreement. BACKGROUND. ANALYSIS AND UPSHOT.

Music 98

Music Ownership Copyright Law Contracts 98

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. The sole Republican member of the FTC, Commissioner Christine S.

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. The sole Republican member of the FTC, Commissioner Christine S.

Contracts 52

Contracts Law Government Reporting 52

Trading Secrets

JANUARY 12, 2023

As our colleagues have previously reported in this blog, on January 5, 2023, the Federal Trade Commission issued a notice of proposed rulemaking (NPRM) concerning its unprecedented effort to ban all non-compete clauses with workers and to preempt state law on the issue. The sole Republican member of the FTC, Commissioner Christine S.

Contracts 52

Contracts Law Government Reporting 52

LexBlog IP

DECEMBER 22, 2021

The Workshop is the latest step in the federal government’s increasing interest in potentially regulating contracts between employers and employees (an area typically governed by state common law) under the auspices of promoting competition in the labor market. How We Got Here. Our Response Letter.

Marketing 52

Marketing Marketing Contracts Government 52

LexBlog IP

DECEMBER 29, 2022

Employers should ensure that their employment agreements include favorable choice-of-law, venue, and forum-selection clauses to increase the likelihood that any subsequent legal proceeding for trade secret misappropriation occurs in a location that is likely to recognize and protect the company’s intellectual property.

Confidentiality 40

Confidentiality Business Law Contracts 40

LexBlog IP

MARCH 12, 2023

Staying on the topic of Rule 12(b)(6) motions, during the course of my review of these cases each month, I am seeing a trend by federal courts denying these motions on the trade secret claims but sometimes dismissing other tort claims. Make sure your restrictive covenants have assignment clauses.

Blogging 52

Blogging Litigation Ownership Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., Bonta , No. 2:20-cv-01708, 2021 WL 5853431 (E.D. 17-cv-04180 E.D.

Litigation 52

Litigation Settlement Patent Marketing 52

Technology & Marketing Law Blog

JANUARY 28, 2022

It contained a non-compete clause that said Gutman wouldn’t compete directly or indirectly with JLM during her employment. At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship. Gutman signed an employment agreement with JLM.

Social Media 95

Social Media Ownership Contracts Privacy 95