2011, Contracts and Ownership - Intellectual Property Pulse

California Court of Appeal Enforces Non-Solicitation of Customers Provision in Joint Venture Transaction Involving Key Employee

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. The joint venture was formalized over a five-day period in April 2011. In Blue Mountain Enterprises, LLC v.

Ownership

Ownership Business Contracts Law

Comprehending Broadcasting Contracts and Intellectual Property Law at Crossroads

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law

Intellectual Property Law Intellectual Property Contracts Law

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

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. However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.”

Social Media

Social Media Ownership Design Designs

Introducing a zero-embargo Secondary Publication Right in Bulgaria

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. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing

Publishing Contracts Art Copyright

Copyright Laws and Fair Dealing: Analysing the Ongoing Dispute Between Dhanush And Nayanthara

IP and Legal Filings

MARCH 19, 2025

ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. It is seen that Dhanush, via the agreed contract, was the owner of all the BTS footage and had warned Nayanthara against its use. Yashraj Films (P) Ltd.,

Copyright Law

Copyright Law Copyright Law Fair Use

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property

Intellectual Property Design Patent Design Designs

Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

SpicyIP

MAY 4, 2023

The Proviso added to Section 17 prescribes that the rights of an author of original literary, dramatic, and musical work will be unaffected by the Producer’s ownership of the copyright in a cinematographic film and ownership of the employer on the work made under a contract of employment. 2011) (see here for Prof.

Music

Music Copyright Ownership Licensing

The Moçambique principle and challenging the validity of a foreign patent: GW Pharma v Otsuka [2022] EWCA Civ 1462

The IPKat

DECEMBER 5, 2022

The decision considered whether the UK courts are able to hear a dispute over whether royalties are due under a US patent in view of a contract governed by US law (G W Pharma v Otsuka, [2022] EWCA Civ 1462 ). There is also an exception to the Moçambique principle for claims which relate to a contract.

Patent

Patent Contracts Government Law

Understanding the Extra-territorial Application in Cross Border Trademark Suit

IP and Legal Filings

FEBRUARY 7, 2022

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. Holding the above facts to be true, The Court held that the Plaintiff’s first claim that the Defendant’s breached the contract was true.

Trademark

Trademark Intellectual Property Licensing Copyright

Trademarks And the Metaverse

IP and Legal Filings

FEBRUARY 7, 2023

In contrast, NFTs and brands in the metaverse bring unique ownership considerations. It ought to function similarly to how online contracts are upheld. Brand owners who want to be successful in the Metaverse should consider the advantages and hazards of intellectual property ownership. 181 (2011) DLT 716. [2]

Trademark

Trademark Non-Fungible Tokens Brands Branding

shipping facilitator escapes direct (c)/TM claims; alleged hinkiness not enough for contributory liability either

43(B)log

DECEMBER 26, 2022

AKF contracted with two corporate defendants to be AKF’s third-party fulfillment intermediaries for several hundred thousand units of disposable vaping devices, batteries and related goods. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement

Copyright Infringement Brands Branding Branding

Role of Arbitration In Intellectual Property

Biswajit Sarkar Copyright Blog

JULY 11, 2022

2011) the “arbitrability of IPR disputes” was the subject of a notable ruling by the Hon. 2011 in relation to the personam problem arising out of rights in rem. The Bombay High Court ruled that the arbitration clause in the contract is lawful in response to this. Arbitration in Intellectual Property. Supreme Court.

Intellectual Property

Intellectual Property Settlement IP Copyright

Induced Infringement and the Section 286 Statute of Limitations

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. . Nippon Shokubai Kagaku Kogyo Co. , 2d 345 (Fed.

Licensing

Licensing Technology Patent Patent Infringement

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently-O

MAY 1, 2024

But, mere ownership of the patent does not automatically confer standing – the plaintiff, whether the patentee or an exclusive licensee, must have retained the right under the patent to exclude the accused infringer from practicing the claimed invention. Although not directly relevant for this case, The patent at issue, U.S.

Licensing

Licensing Patent Ownership Patent Infringement

Which VPN Providers Really Take Privacy Seriously in 2023?

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. Back in 2011, we were the first in the VPN industry to publish a Transparency Report.

Privacy

Privacy IP Technology Reporting

Balancing Copyright Protection and Open Access: The Sci-Hub Debate in the Digital Age.

Intepat

JANUARY 17, 2025

Sci-Hub was founded in 2011 by Elbakyan, a graduate student from Kazakhstan, Sci-Hubs mission is to democratize access to knowledge. Thus, the contract is void. Sci-Hubs defense contends that the publishers lack true ownership of the copyrights, as the articles are created, reviewed, and funded by scientists and public institutions.

Copyright

Copyright Copyright Infringement Copyright Law Publishing

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. After negotiations between them fell apart, both parties sued, each claiming exclusive ownership of the movie footage. The court held that because each of them was seeking a declaration of sole ownership, the parties could not be joint authors. 1332 ].

Copyright

Copyright Blogging Publishing Fair Use

Intellectual Property Pulse

California Court of Appeal Enforces Non-Solicitation of Customers Provision in Joint Venture Transaction Involving Key Employee

Comprehending Broadcasting Contracts and Intellectual Property Law at Crossroads

Trending Sources

Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Introducing a zero-embargo Secondary Publication Right in Bulgaria

Copyright Laws and Fair Dealing: Analysing the Ongoing Dispute Between Dhanush And Nayanthara

Well-known Cases Proving the Importance of Intellectual Property Rights – part 3

Music to Many Ears! Bombay High Court Passes a Landmark Order Recognizing the Right to Receive Royalties by Authors of Underlying Works

The Moçambique principle and challenging the validity of a foreign patent: GW Pharma v Otsuka [2022] EWCA Civ 1462

Understanding the Extra-territorial Application in Cross Border Trademark Suit

Trademarks And the Metaverse

shipping facilitator escapes direct (c)/TM claims; alleged hinkiness not enough for contributory liability either

Role of Arbitration In Intellectual Property

Induced Infringement and the Section 286 Statute of Limitations

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Which VPN Providers Really Take Privacy Seriously in 2023?

Balancing Copyright Protection and Open Access: The Sci-Hub Debate in the Digital Age.

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

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