IPilogue

APRIL 20, 2022

However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen. The Walt Disney Company saw the potential and purchased Marvel in 2009. A plot twist occurred in 2008 after Marvel released Iron Man. The film received praise from critics.

Contracts 105

Contracts Copyright Ownership Blogging 105

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

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

TorrentFreak

SEPTEMBER 27, 2022

After beginning life as DigitalRights back in 2009, anti-piracy company Rightscorp became known for its cut-price copyright-trolling operations. Where competitors would attempt to charge hundreds up to multiple thousands of dollars per alleged file-sharing infringement, Rightscorp initially offered to settle cases for around $20.

Settlement 143

Settlement Copyright Intellectual Property Confidentiality 143

The IPKat

JULY 17, 2024

At any rate, if “His Majesty”/the then new Nigerian government was deemed the owner of work in 1959, it would have entered the public domain in 2009—i.e., Simply submitting an entry without a separate contract assigning the work to the government, in my opinion, does not constitute an assignment.

Copyright 121

Copyright Public Domain Government Ownership 121

Intepat

FEBRUARY 19, 2025

In UsedSoft GmbH v/Oracle International Corporation (2012) , the Court of Justice of the European Union (CJEU) concluded that the Software Directive (2009/24/EC) allowed the resale of software licenses if the original owner ceased to use the software. This judgment implied that under certain conditions, digital first sale could be applicable.

Copyright 52

Copyright Copying Licensing Ownership 52

IPilogue

JANUARY 5, 2023

In fact, the report reveals that the price of music streaming plans dropped more than 20% between 2009 and 2021 because they did not keep up with inflation. These services offer consumers access to an enormous catalogue of music, better audio quality, and new features, without the price tag. First, virtually anyone can share their music.

Music 105

Music Marketing Marketing Reporting 105

Patently-O

APRIL 10, 2024

In 2009, Dr. Robinson and Spectrum (collectively “Plaintiffs”) hired law firm FisherBroyles to file patent applications for his inventions. In February 2014, FisherBroyles contracted with CPA Global, the big IP management services company, to provide patent docketing services. FisherBroyles filed a provisional U.S.

Contracts 75

Contracts Law Inventor Patent Application 75

The IPKat

FEBRUARY 3, 2023

In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

SpicyIP

MAY 2, 2022

While terminating the contract, the Plaintiff had informed Defendant of the terms of termination, which inter alia provided that using Plaintiff’s content without a license would now constitute infringement. IIM ) , and their applicability cannot be waived by contract. In Academy of General Education, Manipal v.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

Intepat

MARCH 7, 2022

The minor cannot commercially exploit her IP rights the same is done through signing a contract and the Indian Contract Act, 1872 [“ ICA ”] does not allow a minor to do so. Therefore, if a minor enters into any contract then the contract will be termed as void ab initio and will not be enforceable.

IP 52

IP Contracts Intellectual Property Licensing 52

The TTABlog

MARCH 2, 2022

It has used TINKER BELL as a trademark for dolls since 2007 and registered the mark in 2009 without a Section 2(f) acquired distinctiveness claim. Likewise, the contraction of TINKER BELL to TINK did not effect a material change, since "Tink" has been "commonly used as a nickname for Tinker Bell in Barrie's works."

Public Domain 72

Public Domain Designs Design Registration 72

Corsearch

FEBRUARY 28, 2024

Recent industrial designs registration trends The rate of growth in industrial design registrations across the past few decades has been sporadic, with an interesting pattern of growth and contraction compared to other forms of intellectual property. There were contractions in 2013 and 2014 of -6.5% respectively.

Registration 59

Registration Designs Design Intellectual Property 59

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely. And a quick review of U.S.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

Patently-O

OCTOBER 12, 2022

The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. 2009) (interlocutory appeal denying motion to compel arbitration properly belongs in the regional circuit court of appeals); Medtronic AVE, Inc. Lavvan, Inc. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir.

Patent Infringement 61

Patent Infringement Contracts Patent 61

Kluwer Copyright Blog

MARCH 6, 2023

Examining Gender in Literature A study on the Transformation of Gender examined a collection of over 100,000 novels in the HathiTrust Digital Library collection from 1703 to 2009. HathiTrust, 755 F.3d 3d 87 (2d Cir.

Copyright 126

Copyright Social Media Publishing Licensing 126

SpicyIP

FEBRUARY 10, 2023

The following two pieces, written over 10 years ago, also make a claim about the contraction of HCU. Conclusion In sum, reading HCU as a provision instead of a principle can invisibilize the broader idea of honesty or fairness in trademark law that goes hand in hand with the rights of proprietors and the public interest.

Trademark 119

Trademark Registration Trademark Law Law 119

The IPKat

SEPTEMBER 4, 2024

After applying for a trade mark called ‘Fauré Le Page’ in 1989, Saillard sold this trade mark to Fauré Le Page Paris in 2009. Through this post you can have a better understanding of reproduction under copyright and related rights , quotation and pastiche , artists’ contracts and internet piracy as well as the Creation Records case.

Personality Rights 59

Personality Rights IP Copyright Art 59

Patently-O

FEBRUARY 9, 2023

The patent covers a memory module, and Netlist previously sued Google for infringement back in 2009. A potential contract right is generally much less valuable than a final decision absolving liability. Back in October 2022, Samsung filed an IPR petition against Neglist’s US7619912; and the PTAB granted institution.

Contracts 53

Contracts Patent 53

The IPKat

MAY 18, 2024

Facts Mr T trained as an editor at a film and audiovisual school run by ECAR CAMPUS from 2009 to 2011. In this respect, the Court recalled that “ there are either contracts for the assignment of rights or free execution authorisations, which is what the authorisation of use relied on by the defendant should be equated with.

Moral Rights 64

Moral Rights Cinema Copyright Infringement Copyright 64

SpicyIP

SEPTEMBER 11, 2023

Further, the court held that the applicant acquiesced but delaying in filing the suit as its first hospital was opened in 2009 and the suit was filed only in 2023. However, the court clarified that enforcing the negative covenant will not mean that the respondent has been benched or has been rendered idle.

Registration 105

Registration Trademark Copyright IP 105

LexBlog IP

AUGUST 3, 2023

Abbott (2009) provides further insight what qualifies as evidence for reasonable spending. This allows non-profits to more consciously select contracts based on prices that will align with their charitable goals and will prevent them from overpaying above market price when transacting with an affiliate. Alex Allemann

Contracts 52

Contracts Marketing Marketing Business 52

IP Intelligence

JUNE 5, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § 45(m)(1)(A). See, e.g. , Alaska Stat. 559, § 559.815 (2006); and Ind.

Licensing 52

Licensing Due Diligence Business Trademark 52

IP Intelligence

JUNE 6, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § 45(m)(1)(A). See, e.g. , Alaska Stat. 559, § 559.815 (2006); and Ind.

Licensing 52

Licensing Due Diligence Business Trademark 52

Intepat

OCTOBER 23, 2024

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. Union of India, the question of validity of an assignment deed executed in 2009 and effective in 2005 was brought before the court.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

SpicyIP

JANUARY 17, 2022

The query around r2r in general is not a new one – see for example Appadurai’s widely cited 2006 paper by the same name, or SPARC’s Coalition formed back in 2009. Lokesh attempts to find grounding for it in Indian law through the current post.

Copyright Law 119

Copyright Law Copyright Law Art 119

LexBlog IP

JUNE 6, 2023

Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? § 45.66.210(a) (2009); Fla. Not necessarily. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. § § 45(m)(1)(A). See, e.g. , Alaska Stat. §

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 4, 2020

The complaint alleged breach of contract and trade secret theft alleging that former employees used trade secrets to develop competing sputtering machinery used to deposit thin films onto silicon wafers. Angelin (2009) 172 Cal. Superior Court (2009) 178 Cal. Superior Court (2005) 132 Cal. 4th 826 (“AMS”). In Brescia v.

Designs 40

Designs Design Intellectual Property Law Contracts 40

IP and Legal Filings

OCTOBER 21, 2022

v Sharon Bio Medicine Limited [14] wherein Appellate Tribunal ruled that because procedures under the Code are not recovery actions, the guarantor cannot use its subrogation right under the Indian Contract Act, 1872 [15]. 8] Section 140 & 141, Indian Contract Act, 1872. [9] The bench also referred to Lalit Mishra & Ors.

Contracts 52

Contracts Law IP Business 52

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. 2009), held a golf club manufacturer liable based on a photo of a former spokesman on its website with the following caption: The twice major winner and golfing superstar, John Daly, will continue to be synonomous [sic] with Hippo.

Advertising 59

Advertising Advertising False Advertising Public Use 59

LexBlog IP

FEBRUARY 2, 2023

It would also require that employers take affirmative steps to rescind existing non-compete clauses and explicitly inform workers that the contracts are no longer effective. 9, 2009, p. And the proposed rule does not stop there. Bayliss, 869 A.2d 2d 990 (Pa. Super 2005). ** Wellspan See Allegheny Specialty Practice Network v.

Blogging 52

Blogging Confidentiality Business Editing 52

LexBlog IP

FEBRUARY 10, 2022

That matter settled in January 2009, and in November 2010, redress was sent to consumers. In 2009, the FTC made changes to the rules that govern administrative proceedings with the goal of streamlining the proceedings ; so in 2022, the process might be somewhat shorter, but not drastically so. Now, I should add one caveat.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

Nelligan Law

FEBRUARY 8, 2022

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 98

Law Government Business Contracts 98

Nelligan Law

FEBRUARY 8, 2023

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 98

Law Government Business Contracts 98

IP and Legal Filings

MAY 3, 2023

The University and University of London Press Limited agreed into a contract under which the former would receive payment in exchange for receiving the copyright and all other rights to publish the matriculation examination papers. Hailshree Saksena, Doctrine of sweat of the brow SSRN (2009), [link] (last visited Apr 14, 2023). [1]

Copyright 98

Copyright Public Domain Copying Publishing 98

SpicyIP

MAY 15, 2023

After perusing the material on record, the court concluded that Brompton had no privity of contract with YSL and the Supply Agreement with Beverly from which Brompton claims to derive its rights was in contravention of the original Franchise Agreement with YSL. The defendants applied for registration of their mark on 13th April 2009.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. and Class 5.2 of our IP Reveries series , while discussing the basics of clinical trials and drug innovation, have highlighted their implications.

Trademark 59

Trademark Publishing Journalism Copyright 59