Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Copyright in Tattoos.

Blogging 140

Blogging Fair Use Copyright Infringement Licensing 140

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer.

Blogging 91

Blogging Copyright Fair Use Copyright Infringement 91

The IPKat

SEPTEMBER 24, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? The Fifth Circuit will soon address an antitrust complaint alleging a conspiracy to deny FRAND licenses to component suppliers in favor of licensing car companies. Neither of these positions withstands scrutiny.

Licensing 60

Licensing Technology Intellectual Property Litigation 60

SpicyIP

FEBRUARY 23, 2023

India’s National Innovation Foundation and Honeybee Network recognized her innovation which was later featured in several prominent media outlets – Outlook magazine in 2005 followed by a Discovery Channel feature and an NDTV story. Patents or external awards/recognition do not always result in marketable products.

Marketing 117

Marketing Marketing Invention Patent 117

IP and Legal Filings

NOVEMBER 10, 2024

Encouraged by the success of Dream11, several other platforms entered the market, allowing people to form teams across various sports like football, kabaddi, basketball, and cricket. An uncertain approach by different states to regulations is a hindrance in the fantasy sports market.

Reporting 52

Reporting Licensing Law Government 52

The IPKat

MARCH 21, 2022

Is it centralized or decentralized; are there anticompetitive effects; is there market concentration? But even before software became a commercial proposition with its own market power (and lush profits), a countermovement arose, what we call open-source software. Generic license. It is useful to examine this narrative.

Marketing 84

Marketing Marketing Public Domain Licensing 84

43(B)log

APRIL 29, 2024

It executed licensing and distribution agreements for the remotes with two European companies, collectively Abitron. Hetronic terminated its licensing and distribution agreements with Abitron, but Abitron continued to sell Hetronic-branded remotes without Hetronic’s authorization. products and to market them at U.S. tradeshows.

Advertising 59

Advertising Advertising Trademark Branding 59

IP and Legal Filings

FEBRUARY 26, 2024

In states like Goa and Sikkim, gambling is allowed to varying degrees, with licenses granted for activities like slot machines and casinos. Second, the taxation and licensing costs for gambling are often high, potentially driving people toward illegal websites. Sikkim has permitted online gambling within the state’s boundaries.

Law 85

Law Licensing Government Advertising 85

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet. In 2005, Qualcomm generated about 58% of its $5.7 Since 1993, IBM has been making some US$1 billion per year from licensing non?core

IP 52

IP Licensing Intellectual Property Marketing 52

Intepat

OCTOBER 23, 2024

The transfer of IPRs usually takes place via assignment and licensing agreements. To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. In Sanjay Chadha trading as Eveready v.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The IPKat

FEBRUARY 17, 2023

The e-commerce platform Amazon offers an affiliate marketing programme called Amazon Associates. Background The case concerned affiliate marketing on www.schlafbook.de. The mattresses so ranked were accompanied by affiliate “buy from Amazon” buttons, which were directly linked to an offer on the Amazon Market Place.

Advertising 67

Advertising Advertising Business Designs 67

Garrigues Blog

JULY 27, 2021

In fact, this upward trend in applications worldwide has remained constant for the last 10 years, and the number of trademark applications filed each year since 2005 has quadrupled. Together with that of 2013, this growth rate is the lowest yearly increase in filings since 2005. billion in 2019. billion), followed by Japan (USD 16.1

Intellectual Property 52

Intellectual Property Designs Design Trademark 52

SpicyIP

OCTOBER 23, 2023

Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services Recently a division Bench of the Bombay High Court upheld the single judge’s order holding that Section 31D does not include internet broadcasting within its ambit. Case Summaries Hulm Entertainment Pvt. M/S Mex Switchgears Pvt.

Designs 52

Designs Design Music IP 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Further, the court held that the defendant was using and registered the ‘ELVISLY YOURS’ mark and his goods have gained reputation in the market. On the contrary, neither the trademark of the plaintiff had acquired distinctiveness nor has its goods have garnered any secondary meaning in the market. Defendant No.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. Crabtree v.

Ownership 66

Ownership Television Copyright Copyright Notice 66

SpicyIP

JANUARY 29, 2024

In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! But what about the public interest?

Music 59

Music Intellectual Property Copyright IP 59

SpicyIP

JULY 5, 2021

In Rajeev Kumar vs Jamia Millia Islamia (12th April 2021), an extremely interesting tussle was seen with the copyright over a thesis being pitted against a person’s right to obtain information under the Right to Information Act, 2005. Assessment. suo moto mandatory disclosures.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Velocity of Content

APRIL 27, 2022

The news was devastating to snacks in European and Asian markets. However, three years later in 2005, a lawsuit by the California attorney general was leveled at my company, Frito Lay, as well as a few other large snack companies. In the United States, the findings had a minimal effect initially. Gather as much research as possible.

Journalism 98

Journalism Technology Blogging Licensing 98

Patently-O

AUGUST 3, 2023

In the lawsuit, Moderna is seeking monetary damages for patent infringement but not injunctive relief taht would remove the Pfizer vaccine from the market. Pfizer also asserts defenses based on implied license, waiver, and acquiescence stemming from Moderna’s public pledge not to enforce its COVID-19 patents during the pandemic.

Patent 97

Patent Patent Infringement Copying Technology 97

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 98

Blogging Copying Social Media Copyright 98

SpicyIP

MARCH 4, 2024

Other Posts Journey Through “Januarys” on SpicyIP (2005 – Present) Image from here Sit back, relax, and sift through the pages of January’s posts on SpicyIP! Microsoft Technology Licensing LLC v. The Court rejected the application and held that this is an inaccurate reading of its earlier order.

Invention 59

Invention Trademark IP Patent 59

The TTABlog

AUGUST 2, 2021

distributor in 2005 and was still in that role when Mr. Shen filed the underlying trademark application in 2015 in his own name, the application being signed by Mr. Shen's attorney. In any case, However, there was no evidence that ACIGI was manufacturing its own chairs or sub-licensing the mark. Automation Sys., 66 U.S.P.Q.2d

Registration 52

Registration Ownership Licensing Trademark 52

The IPKat

APRIL 18, 2022

Express or implied duty to exploit/duty of good faith Mr Hebden pleaded that, under the contract, there was "imposed on Domino a continuing obligation to use reasonable endeavours following release to exploit the Masters … by all then-industry-standard means, in the UK and in the Major Markets respectively." RELEASE COMMITMENT 4.1 and/or 4.2

Contracts 96

Contracts Music Copyright Copyright Infringement 96

LexBlog IP

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). and not charging fees for re-use.

Government 55

Government Database Right Intellectual Property Copyright 55

Above the Fold

JULY 5, 2022

Fashion companies should be aware that they may need to obtain a license to, or ownership of, the copyright from the photographer. The next time you would like to protect a great innovative design you expect will be a big hit on the market, you should consider obtaining a design patent. Scenario 2: Protecting Novel Designs by Patent.

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change.

Contracts 52

Contracts Government Law Marketing 52

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. A third-party is engaged to assess factors like product demand, market condition, and potential patent infringement. This is attributable to the high amount of risk associated with pledging IP assets.

IP 40

IP Intellectual Property Branding Brands 40

SpicyIP

OCTOBER 23, 2023

Instead, the new policy was going to allow only one government owned pharmaceutical company to manufacture Oxytocin which would then be marketed through only one government owned distributor. K Shali) expressly held that a policy compelling a woman to choose between motherhood and a job promotion was discriminatory.

Intellectual Property 52

Intellectual Property Government Law IP 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. On merits as well, the Court held that there was no ground for stay of the operation of the IPAB judgement, and the Plaintiffs’ suit patent was valid.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

JANUARY 27, 2024

But if your interest is in the specific case studies, Arogyapacha is worth reading, as it exemplifies bringing valuable TK to the market and sharing revenues with an indigenous community. Meaning, the fear that lower prices in developing countries could impact demand for lower pricing in the home market of the US and EU.

IP 64

IP Licensing Copyright Blogging 64

SpicyIP

SEPTEMBER 9, 2024

Journey Through “Mays” on SpicyIP (2005 – Present) Concluding the “Sifting through the pages of SpicyIP” series, Lokesh takes a look at our posts from May(s). 7 had released dasatinib products under the brand name DASA SPL at the distributor level in the Indian market. The plaintiff submitted that Defendants No.

Trademark 96

Trademark Copyright IP Social Media 96

Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk.

Law 119

Law Social Media Government Privacy 119