Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 75

Contracts Licensing Business Blogging 75

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” 2-28-2024_2277625.

Licensing 52

Licensing Contracts Patent Law Patent 52

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. It is thus very much in line with the spirit of Title IV, arts. of the Directive. A new para 2 to art. On the other hand, art.

Publishing 132

Publishing Contracts Art Copyright 132

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

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

Technology & Marketing Law Blog

JANUARY 6, 2023

2011) (affirming dismissal under Section 230(c)(1) based on the removal of the plaintiff’s user profile); King , 2021 WL 5279823, at *1 (holding Facebook has immunity under Section 230(c)(1) to the extent plaintiff’s claims were based on Facebook’s disabling plaintiff’s account). Sikhs for Just., Facebook, Inc. ,

Contracts 114

Contracts Government Publishing Blogging 114

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 56

Licensing Patent Ownership Patent Infringement 56

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

APRIL 11, 2022

Guadamuz was a critic of NFTs since 2011 and only got involved in their trade to understand what the fuss was all about. She also discussed copyright licensing by intermediaries necessary for creating and trading NFTs. He authored “ The Treachery of Images: Non-fungible Tokens and Copyright ”. SuperRare). What I Am Taking Home.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

IP and Legal Filings

FEBRUARY 7, 2022

To this end, the Plaintiffs entered into the License Agreement with Defendants HIE, HT, and BR. When in 2011, the Defendant Vuillemin wanted to retire, the parties started negotiations for the Plaintiff to purchase the Defendant companies but the said negotiations faultered.

Trademark 75

Trademark Intellectual Property Licensing Copyright 75

Copyright Lately

DECEMBER 5, 2021

When a record label or other distributor receives performance royalties from Spotify, it will presumably share a portion with the comedian per the parties’ contract. Performance “Absent a Specific License”. If an artist has explicitly granted a label the right to license the work to streaming platforms, Spotify may be free to proceed.

Music 91

Music Licensing Copyright Publishing 91

SpicyIP

MAY 4, 2023

Background In 2001 Music Broadcast Private Limited, which runs the radio station ‘Radio City’, entered into a license agreement with the Indian Performing Rights Society (IPRS), a copyright society , to utilize its repertoire of literary and musical works for FM radio broadcast. 2011) (see here for Prof.

Music 98

Music Copyright Ownership Licensing 98

CopyrightsWorld

FEBRUARY 10, 2021

When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. turned out to be almost identical, and Gassée believed this to be a breach of contract. Bill Gates pressed on nonetheless, deciding to add in features of his own. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Design Designs 76

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. [i] For those unfamiliar with the platform, Twitch.tv

Music 76

Music Copyright Licensing Fair Use 76

The IP Law Blog

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Patently-O

APRIL 10, 2022

In spite of its ownership of the patents, however, a jury found that a predecessor of BioVeris (IGEN) had exclusively licensed the patents to Meso Scale Diagnostics, and that Roche was liable to Meso for directly infringing one of the patents, and for inducing infringement of two others.

Licensing 58

Licensing Technology Patent Patent Infringement 58

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.”

Social Media 105

Social Media Ownership Design Designs 105

LexBlog IP

NOVEMBER 8, 2023

Based on these incidents, the claimant requested: a temporary determination of the amount of the equitable and uniform remuneration to which she was entitled for the years 2011 to 2021. With these contracts, the foreign CMOs provide power-of-attorney or transfer to the domestic CMOs their rights for the purpose of their management in Greece.

Music 52

Music Related Rights Law Contracts 52

LexBlog IP

OCTOBER 5, 2021

In 2007, ROHM Japan and MaxPower entered a technology license agreement (“TLA”). The TLA was amended in 2011 to include an agreement to arbitrate “[a]ny dispute, controversy, or claim arising out of or in relation to this Agreement or at law, or the breach, termination, or validity thereof.” Background.

Contracts 52

Contracts Patent Licensing Law 52

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them.

Trademark 52

Trademark Marketing Marketing Contracts 52

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] 5] A business filing and an auction license are required to establish an auction house in mainland China.

Art 52

Art Marketing Marketing Artwork 52

LexBlog IP

JUNE 28, 2023

The compensation for damages cannot be less than twice the fee that is usually or by law paid for the type of exploitation that the infringer did without license. 382/2011; Court of Appeals of Athens decision No. Endnotes (1) Decision No. 2916/2022. (2) 2) L 2121/93. (3) 5) See Supreme Court decision No. 438/2018. (6) 626/2014. (8)

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

AUGUST 25, 2022

In 2011-2012, VNG released Zing MP3 apps with Apple and Google. The Court also found it significant that VNG had “contracted with U.S. and noted that it had signed license contracts with various U.S. VNG is Vietnamese corporation that created the Zing MP3 website that makes copyrighted music available for download.

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. Thus, the guidance on whether to include an expiration date in a particular NDA can vary. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Design 52

The IPKat

AUGUST 24, 2023

Novartis kept Mylan out of the Belgian market for a year before the Technical Board of Appeal (TBA) definitively revoked its patent in September 2011. Tunstall had already granted licenses on the STMF technology to hardware and software providers active in Belgium. Victrix requested such a license from Tunstall, but was denied it.

Litigation 52

Litigation Law Patent Invention 52

The IPKat

AUGUST 2, 2023

FRAND – Licensing Terms InterDigital selected 20 of its previous licences as comparables – the InterDigital 20. The Judge held that the patent licence agreements (‘PLA’) relied upon by InterDigital were not relevant comparables: the scale of the licensed business in each case was dramatically smaller than that of Lenovo.

Marketing 40

Marketing Marketing Licensing Patent 40

IIPRD

DECEMBER 28, 2021

To compute royalties per stream, the platform considers parameters such as the country in which the song is played, the country’s currency value, contracts, artist worth, and so on. When Adele released her latest album, “21,” in 2011, she was one of a handful of famous acts to do so.

Music 40

Music Business Copying Licensing 40

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. Our system can understand how many active sessions a given license has at a given moment in time.

Privacy 140

Privacy IP Technology Reporting 140

Technology & Marketing Law Blog

JULY 14, 2022

Sifuentes got a Dropbox account in 2011. Dropbox says it has amended its TOS twelve times since 2011, including adding the arbitration clause in 2014. [NB: That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v.

Contracts 128

Contracts Blogging Business Law 128

The IP Law Blog

MARCH 2, 2021

companies that contract with foreign manufacturers need to take steps to protect themselves against liability for a profits award arising out of infringement committed through a foreign manufacturer. 21 In a 2011 survey conducted by the U.S. company contracting with Chinese manufacturers, after insurance, 32 will be contracts.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP and Legal Filings

NOVEMBER 23, 2024

It fosters revenue generation through licensing and franchising. Smart contracts automatically execute IP-related agreements, such as licensing or distribution deals, ensuring compliance without the need for manual intervention. Trademarks encompass a substantial portion of the deal’s value.

Branding 105

Branding Branding Brands Technology 105

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

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery.

Copyright 131

Copyright Blogging Publishing Fair Use 131