Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. 483 (2001) ). The inferior status towards the right to ownership is pronounced in regards to the functioning under a contract of service.

Ownership 97

Ownership Copyright Trademark Contracts 97

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. Fortunately, solutions were already available on the market to allow people to access the content they needed online in the form of licences.

Copyright 122

Copyright Publishing Marketing Marketing 122

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

Copyright 130

Copyright Publishing Journalism Art 130

Olartemoure Blog

JULY 17, 2023

Barbie was created in 1959, and when she was 42 years old, in 2001, Bratz entered the scene. These new dolls captured about 40% of Barbie’s market share in five years, creating tension between Mattel and MGA. MGA alleged that Mattel had hired individuals to spy on toy designs and marketing plans.

Intellectual Property 52

Intellectual Property Contracts Designs Design 52

The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art. 228/4 with EU law [unofficial translation by this Kat]: 4.

Publishing 129

Publishing Art Licensing Confidentiality 129

IP and Legal Filings

FEBRUARY 28, 2023

The Court held that when the parties to the suit entered into a contract with a clause regarding the security cheque, there was no subsisting liability or debt which is why the contract itself makes it clear that the cheque had to be handed over as a security. Jayaswals Neco Ltd, Appeal (crl.)

Contracts 98

Contracts Business Settlement Law 98

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. Image via needpix. To date, the decree has yet to be drafted. 43bis (9)).

Publishing 59

Publishing Law Contracts Licensing 59

The IPKat

APRIL 19, 2023

The second chair (‘Paris Chair’) is sold by the Dutch company Kwantum in multiple markets, including the Netherlands and Belgium. The main question in dispute is whether Vitra, which holds the rights to the Dining Sidechair, would be afforded protection in the Netherlands and Belgium.

Art 52

Art Copyright Intellectual Property Law Law 52

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. Image via needpix. To date, the decree has yet to be drafted. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

SpicyIP

JANUARY 2, 2022

The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

JUNE 27, 2022

Benefits of protecting industrial designs includes- monetary gains, unique selling propositions, positive image of a company in the market, in case the design so created is not profitable, same can eb sold to a third party. And anyone who violates the provisions of this statute is liable to pay a sum of Rs.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

Technology & Marketing Law Blog

JUNE 20, 2023

Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. As a result, Time magazine canceled its contract to publish a 7,500-word excerpt shortly before the book’s publication.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Kluwer Copyright Blog

APRIL 20, 2022

On top of it all, terms contracting out the new user right(s) are proposed to be null and void (sv. 2001/02:150, p. 299; however such content may be disabled on other legal grounds than copyright if the circumstances call for it). But there is more.

Copyright 59

Copyright Intellectual Property Law Public Domain Copyright Law 59

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. 2 of the overall contract, available here ). Photo by Norbert Braun from Unsplash.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Kluwer Copyright Blog

MAY 17, 2023

along the same lines, the presence of a wave of amendments of national copyright flexibilities after 2001 , which, however, regarded only certain categories (e.g., among others, disabilities, cultural uses, temporary reproductions, private copy, ephemeral recording, various types of lawful uses), but not others (e.g.

Reporting 52

Reporting Copyright Public Domain Copying 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

would be “in furtherance of the offense” of misappropriation, and since the plaintiff established at trial that the defendants advertised, promoted, and marketed the products embodying the allegedly stolen trade secrets inside the U.S., Since “use” of the trade secret inside the U.S. DTM Research, L.L.C. AT & T Corp., 3d 327 (4th Cir.

Patent Application 40

Patent Application Law Patent Publishing 40

43(B)log

AUGUST 3, 2023

Newman: coauthorship isn’t purely a matter of contract, though it’s true that we rarely second-guess an agreement. Chien-Chih (Jesse) Lu, Determining Music Copyright Infringement in the Taiwan Context Sleeping Beauty case: P performed song at school in 2001; D, also a student there, composed a melody 90% the same.

Music 52

Music Art Copying Licensing 52