IP Intelligence

JUNE 5, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? 45.66.210(a) (2009); Fla. Air Voice Wireless LLC , 2018 WL 6303852 (C.D. 15 U.S.C. § 45(m)(1)(A). 15 U.S.C. §

Licensing 52

Licensing Due Diligence Business Trademark 52

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

LexBlog IP

JUNE 6, 2023

A trademark license may seem straightforward. Since a license is like any other contract, the licensor can add any number of conditions to the agreement, right? How does a license differ from a franchise? § 45.66.210(a) (2009); Fla. Air Voice Wireless LLC , 2018 WL 6303852 (C.D. 15 U.S.C. § 15 U.S.C. §

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

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

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

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

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It should be noted at the outset that, on the one hand, some commentators hold the view that TDM would not even be covered by copyright law.

Government 141

Government Related Rights Copyright Law 141

Intepat

MARCH 7, 2022

However, the contractual incapacity creates hindrances on minors in exploiting the IPRs by entering into licenses or assignments. IP is one of the most valuable assets and its commercial exploitation occurs only through sale, licenses, and assignments. Similar is the situation with other statutes viz., TM Act, Patents Act, etc.

IP 52

IP Contracts Intellectual Property Licensing 52

Kluwer Copyright Blog

MARCH 6, 2023

Studies have shown significant improvement in results from TDM research using full-text articles, which are often behind a paywall or subject to additional licensing, rather than mere abstracts, which are often more freely available. Many of the projects described below use this basic function of TDM in various specific applications.

Copyright 126

Copyright Social Media Publishing Licensing 126

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.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

The TTABlog

APRIL 6, 2022

As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Conmar Form Sys., 1 USPQ2d 1139, 1142 (TTAB 1986). See In re Bose Corp., 3d 1240, 91 USPQ2d 1938 (Fed.

Ownership 52

Ownership Registration Trademark Contracts 52

The IPKat

SEPTEMBER 23, 2022

At the centre of the submissions was the question as to whether the concept of “core inventive advance” is relevant in the assessment of the requirements of Article 3(a) and 3(c) of Regulation No 469/2009. Willemen had in the meantime entered into a license agreement under Vandenbempt’s Belgian patent.

Litigation 83

Litigation Law Patent Invention 83

IP and Legal Filings

FEBRUARY 26, 2025

2 ] As there is no specific legislation regarding e-sports, most of the work is contract oriented. The E-Sports organization usually signs an E-Sport player a contract for contractual stability this is known as E-Sports player contract. Basically, it is form of employment contract which involves: (i).

Contracts 80

Contracts Government Social Media Law 80

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

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).” Alvotech USA “is the applicant for FDA biologics license application (‘BLA’) No. The -5645 case involved both Alvotech hf.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

APRIL 4, 2023

District Court for the Northern District of Texas kept the trade secret and breach of contract claims but applied Texas’ preemption doctrine to dismiss claims for breach of fiduciary duty and civil conspiracy. 2009) decision. Check out the latest case, PRO MINERAL, LLC v. Marietta, Dist. where the U.S. Why you ask?

Confidentiality 40

Confidentiality Blogging Litigation Reporting 40

Technology & Marketing Law Blog

OCTOBER 27, 2021

Twitter’s TOS, which Trump agreed to in 2009 when he created his account, contains a mandatory venue clause. Now Twitter has done the same. (A A reminder that Trump’s legal filings routinely make brain-meltingly stupid arguments. This one is no exception). ” The court gently shreds this argument.

Social Media 131

Social Media Blogging Law Government 131

Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. We rarely see lengthy (this one clocks in at 46 pages), detailed, and philosophical Section 512(c) opinions any more, and we only get this one because of the case’s extreme age. We disagree.

Music 92

Music Fair Use Copyright Cease and Desist 92

Technology & Marketing Law Blog

JANUARY 24, 2023

Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. 1203 (2022) How Santa Clara Law’s “Tech Edge JD” Program Improves the School’s Admissions Yield, Diversity, & Employment Outcomes (in process), __ Marq.

Law 122

Law Social Media Government Privacy 122