Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies.

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Artwork Contracts Ownership IP 98

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

Velocity of Content

DECEMBER 4, 2024

Professor Paul Goldstein, for example, has argued that, in light of the enumeration, the statutory text is intended primarily to protect certain licensing markets. Annemarie Bridy, Coding Creativity: Copyright and the Artificially Intelligent Author , 2012 Stan. 5, 12 (2012). ↩︎ On the ejusdem generis rule, see Garcia v.

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Derivative Work Copyright Moral Rights Copyright Law 52

IP and Legal Filings

MARCH 19, 2025

5] The idea is affected by the market value of the original work and its usage. It is provided that the courts also consider the market impact, audience perception, and concept of ‘transformative work’ while determining cases under Section 52. Narsimhasn, 2015 SCC OnLine Mad 364 [2] Kamble Sayabanna Kallappa v.

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. The inferior status towards the right to ownership is pronounced in regards to the functioning under a contract of service.

Ownership 97

Ownership Copyright Trademark Contracts 97

SpicyIP

MARCH 20, 2023

According to Duff and Phelps, and CII’s joint report in 2019 on IP-backed financing, the proportion of tangible assets in the market value of Standard and Poor’s 500 firms has declined from over 80 percent to under 20 percent in the past three decades, thus signifying the rising contribution of intangible assets.

Registration 112

Registration IP Copyright Due Diligence 112

IP and Legal Filings

JANUARY 23, 2023

Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

LexBlog IP

MAY 9, 2022

In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” For example, many employers do not know they may still be liable for interference with an unenforceable contract when hiring an employee subject to a restrictive covenant like a non-compete. Progressive N.

Contracts 52

Contracts Law Marketing Marketing 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] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Kluwer Copyright Blog

JUNE 1, 2023

The members of the European Copyright Society (ECS ) have recently sent a letter to Mr. Thierry Breton ( Commissioner for Internal Market , European Commission ) outlining their view of what should be the priorities for a f uture agenda in the field of copyright law. The letter is available here and its contents are reproduced below.

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Copyright Law Copyright Law Art 116

Olartemoure Blog

AUGUST 12, 2022

This is clear evidence that best corporate governance practices have improved in the Colombian securities market and confirms that guaranteeing protection of shareholder rights and equitable treatment is a fundamental factor of Corporate Governance. Original Source in Spanish. 08/12/22 – Litigation and ADR.

Contracts 52

Contracts Intellectual Property Government Reporting 52

IPilogue

MAY 3, 2022

The scholars explained that strong TPM brings accelerated market dominance as well as a lack of transparency. Canada’s decision to include TPMs in the 2012 legislative reform, was contentious. No person would be permitted to opt-out of exceptions to TPM prohibition through contract. The scope and effect of TPMs.

Government 96

Government Copyright Copyright Infringement Intellectual Property 96

Technology & Marketing Law Blog

JANUARY 25, 2023

In 2012, the FBI arrested Shah for extortion, which sparked news coverage. NYP appeared first on Technology & Marketing Law Blog. He posted the photos to Facebook and his IMDB page ( this one? ). The media entities republished 20 photos he uploaded to Facebook and IMDB and misattributed the photo credits. The complaint.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Corsearch

FEBRUARY 28, 2024

In the vast world of intellectual property protections and expanding consumerism, which increases competition for market share, companies are constantly seeking ways to distinguish themselves and their products, and industrial designs provide an important option to do so. There were contractions in 2013 and 2014 of -6.5% respectively.

Registration 59

Registration Designs Design Intellectual Property 59

43(B)log

OCTOBER 1, 2021

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. Archi’s Acres, Inc. 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil.

False Advertising 53

False Advertising Advertising Advertising Marketing 53

IP and Legal Filings

JULY 21, 2022

These are the works for which the education sector is the only effective market and copying such work will make them uneconomic for the copyright owner. In 2012, when IRRO raid in the University of Delhi, It was commented by the secretary of IRRO that, IRRO has merely given a few licenses to corporate bodies.

Copyright 98

Copyright Licensing Higher Education Copying 98

Patently-O

FEBRUARY 22, 2023

10] According to one of the biggest litigation funders, publicly traded Burford Capital—recently featured on 60 Minutes [11] —there was a 237% increase in overall litigation funding in the US between 2012 and 2018, a trend that, by all accounts, continues unabated. [12] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

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. Gutman appeared first on Technology & Marketing Law Blog. This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer.

Social Media 105

Social Media Ownership Designs Design 105

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. market” by VNG. In 2014, Lang Van sued VNG for copyright infringement. businesses in conjunction with Zing MP3.”

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

The IPKat

SEPTEMBER 3, 2022

Chapter 4, ‘Imperial copyright and its costs’, focuses on how copyright came to be exploited internationally, leading to the division of publishing markets into two spheres ruled from London and New York. Chapter 6, ‘Why does a gramophone maker deserve a copyright?

Copyright 73

Copyright Music Intellectual Property Marketing 73

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

azrights

APRIL 22, 2021

I stressed the importance of early IP advice in my first book, Legally Branded published in 2012, and created this animation video to highlight the significance of IP. You can safeguard your know-how, secure your contracts, or start franchising and licensing among many other things. Turning Ideas Into a Business.

IP 52

IP Intellectual Property Brands Branding 52

SpicyIP

MAY 23, 2024

This landmark decision recognizes the rights of the authors, which were long overdue and often neglected, despite being enshrined under the Copyright Act via the 2012 amendment. Cut to almost 4 decades later, in 2012, the copyright laws in India were amended.

Music 59

Music Licensing Copyright Moral Rights 59

Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

Ownership 98

Ownership Business Contracts Law 98

LexBlog IP

MARCH 10, 2024

4/2012) in the UAE. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. Article 11 allows exemptions for specific contract categories required for economic growth.

Law 52

Law Intellectual Property Marketing Marketing 52

43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP and Legal Filings

DECEMBER 11, 2022

While the Competition Act went into effect on January 1, 2012, the Competition Commission Act did not. The Malaysian Contracts Act 1950 also has a particular ban on trade restraint. However, the magnitude of this may not be felt for a while, as it applies only from 1 January 2012, the date on which the Competition Act came into force.

Law 52

Law Marketing Marketing Contracts 52

Patently-O

JANUARY 3, 2024

Background of the Dispute DexCom and Abbott are competitors in the continuous glucose monitoring systems market. The court thus concluded that the contract does not bar IPRs — with the result that the preliminary injunction argument entirely falls apart. Judges Dyk and Hughes were also on the panel. DexCom at 9. 3d 1208 (Del.

Patent 64

Patent Contracts Settlement Patent Infringement 64

Trading Secrets

JULY 12, 2022

Excel alleged that Eways was a unique employee tasked with sourcing off-court marketing opportunities and endorsement deals for its athlete clients. The non-compete, governed by New York law, prohibited Eways from working for Klutch and other specifically-named competitors for eight months post-separation. . 1] [link]. [2] FD Int’l, Ltd. ,

Confidentiality 52

Confidentiality Branding Brands Branding 52

LexBlog IP

DECEMBER 20, 2023

The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. “Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services.

Contracts 52

Contracts Business Law Journalism 52

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

Intellectual Property 52

Intellectual Property Marketing Marketing Brands 52

LexBlog IP

FEBRUARY 2, 2022

However, in 2012 an investigation revealed international banks had been manipulating LIBOR for profit, dating back to 2003. With LIBOR’s recent cessation on December 31, 2021 , as a representative rate of market and economic trends and LIBOR’s last publication on June 30, 2023 , the end is fast approaching.

Publishing 52

Publishing Reporting Law Contracts 52

The IPKat

AUGUST 2, 2023

Adjusting for sales distribution by geography relative to emerging markets This adjustment reflects Lenovo’s sales mix in the Emerging Markets when compared with the relevant PLA in the Lenovo 6. For the period of 2012 – 2018, LG 2017 was considered to be the best comparable. LG 2017 was considered to be the best comparable.

Marketing 40

Marketing Marketing Licensing Patent 40

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

Copyright 52

Copyright Public Domain Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

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. A copy of the Crabtree’s new lawsuit follows.

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Ownership Television Copyright Copyright Notice 68