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 88

Social Media Ownership Designs Design 88

Patently-O

JUNE 23, 2022

Morgan based upon his spouse’s ownership of about $5,000 of Cisco stock. The order also vacates all orders and opinions in the case entered after Judge Morgan learned of her ownership. When Judge Morgan learned of the ownership, he immediately notified the parties. 291, 298 (2012).” Judge Henry C.

Ownership 99

Ownership Designs Design Patent Infringement 99

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. An NFT acts as a certificate of ownership for whatever the creator puts up for sale.

Business 122

Business Music Contracts Non-Fungible Tokens 122

Patently-O

JANUARY 19, 2024

Ownership Rights : Roku argued Universal lacked ownership rights to assert the ‘196 patent because when Universal filed its ITC complaint, it had recently filed a petition to correct inventorship to add a Universal employee. On appeal, the Federal Circuit has affirmed, rejecting each of Roku’s three primary arguments.

Inventor 69

Inventor Ownership Contracts Intellectual Property 69

The IP Law Blog

DECEMBER 7, 2023

The motion was based on a recent change in ownership of Finjan, Inc., Intel was required by the 2012 license agreement to follow certain procedures, and the Federal Circuit found Intel acted with diligence in doing so. which had a license agreement with Intel.

Licensing 117

Licensing Patent Government Litigation 117

Patently-O

FEBRUARY 16, 2023

Reddit: Anyone can start a subreddit, and back in 2012 Jaime Rogozinski started r/WallStreetBets. Reddit claims control and ownership because the subreddit is on its site and under its control; Rogozinsky argues that he did all the work building the brand for himself – not for Reddit.

Ownership 56

Ownership Registration Contracts Brands 56

Technology & Marketing Law Blog

MAY 15, 2024

He served one prison term from 1989 to 2008, and another from 2012 to 2015. at 1-2] At its heart, therefore, this case is a dispute about copyright ownership. The plaintiffs responded by moving for partial summary judgment on the issue of ownership, based on the presumption of validity that attaches to timely copyright registrations.

Music 101

Music Blogging Copyright Ownership 101

SpicyIP

JUNE 30, 2023

Shemaroo entered into assignment deeds with the producers and owners of the suit films between 2004-2016, acquiring sole, exclusive and absolute ownership of all the vested copyrights. The Plaintiff’s excuse of documents being voluminous was rejected and assertion of copyright ownership for 9 of the suit films was rejected.

Cease and Desist 91

Cease and Desist Ownership Copyright Publishing 91

SpicyIP

JANUARY 30, 2024

For some context: After the Copyright (Amendment) Act, 2012, it was understood that the right to collect royalties can only be assigned to a Copyright Society, under Section 34 (1)(a) (for instance see here ). and they act as exclusive licensees for these titles, specifically for on-ground performance rights.

Licensing 104

Licensing Copyright Ownership Registration 104

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Inspection of a Registered Mask Work.

Registration 189

Registration Design Designs Copying 189

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.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

IP and Legal Filings

APRIL 26, 2023

4] The Copyright (Amendment) Act of 2012 was enacted to establish a fair and rational system for copyright administration, and revenue sharing, and to protect the rights of those involved in audio and video recordings. [5] Firstly, it stated that the 2012 changes did not mention that the composers would retain their ownership rights.

Copyright 52

Copyright Music Moral Rights Ownership 52

LexBlog IP

DECEMBER 20, 2023

collectively, “Finjan”) in November 2012. Under the agreement, Intel received a perpetual and irrevocable license to “Finjan’s Patents,” which meant, “all Patent Rights that are owned or controlled at any time on or after November 6, 2012[,] by Finjan.” and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

IP and Legal Filings

OCTOBER 30, 2022

Jurisprudence has also established the doctrine of prior use as a basis for trademark ownership. 1, Series of 2008, the Cybercrime Prevention Act of 2012 and the Electronic Commerce Act of 2000. A certificate of registration may be defeated by evidence of prior use of the mark by another person.

Trademark 97

Trademark Intellectual Property Registration IP 97

LexBlog IP

SEPTEMBER 8, 2023

4] Dating back to 2012, Turkey has been vocal about its concerns and launched an international campaign for the repatriation of works in a vast number of museums, claiming that such works were taken from its soil. [5] ,” and sat on display in its new home for decades – until now. [1] 6, 2023), [link]. [2] 23, 2021), [link]. [4]

Art 52

Art Artwork Ownership Government 52

Kluwer Copyright Blog

JUNE 20, 2023

Firstly, in conformity with the CJEU’s 2012 UsedSoft case, the exhaustion doctrine applies to first sales of computer software copies. Such resales of works of art taking place in tandem with NFT undertakings may generate the resale right, presupposing that on-chain NFT ownership and off-chain artwork ownership are aligned.

Artwork 98

Artwork Contracts Ownership IP 98

IPilogue

JUNE 14, 2022

Over the next year, Swift released re-recorded versions of both her Fearless (2008) and Red (2012) albums, receiving widespread commercial and critical success. Look What You Made Me Do. At the heart of Taylor’s decision was an often overlooked but significant legal distinction in the copyright law governing the music industry.

Music 119

Music Contracts Licensing Ownership 119

IIPRD

JANUARY 5, 2023

A precise elucidation about the ownership of cinematographic films has been provided by Section 17 of The Copyright Act, 1957 Act. According to the law, a scriptwriter who is engaged by a producer to write a good script has no ownership rights to the work he produces. [2] Who Owns What and Why.

Intellectual Property 98

Intellectual Property Cinema Ownership Music 98

Intellectual Property Law Blog

JANUARY 11, 2023

During litigation, the unredacted version may be used as evidence to support the ownership of the redacted portions in the registered mask work. It is recommended for the applicant to keep an unredacted version of the design along with the redacted version used for registration. Here is the number of mask works registered with the U.S.

Registration 130

Registration Design Designs Copying 130

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Following the 2012 revision to the copyrights Act, it was made clear that Internet activities were also covered by the copyright law.

Non-Fungible Tokens 92

Non-Fungible Tokens Copyright Intellectual Property Ownership 92

IP and Legal Filings

JUNE 15, 2023

Collective ownership: In case TK is protected under trade secrets there is no requirement of specific right holder and the community is deemed to have collective personality. Perpetual ownership: Patent and copyright both have a limited period of protection, after which the traditional knowledge falls into the public domain.

Ownership 94

Ownership Privacy Public Domain Copyright 94

SpicyIP

AUGUST 3, 2023

In this context, Swaraj and Anupriya also discussed the issue of IP Ownership in Publicly Funded Research in 2021 highlighting various departmental policies and guidelines governing public-funded R&D and the issues therein. At the same time, South Africa also rolled a similar “Bayh Dole” ball.

Registration 90

Registration IP Copyright Blogging 90

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. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 66

Ownership Television Copyright Copyright Notice 66

IPilogue

AUGUST 16, 2022

The same was true regarding the address listed on the 2012 syndication agreement between Pugliese and August. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link]. The Court indicated that the standard affidavit formula requires a person to insert their name followed by an address.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Technology & Marketing Law Blog

JANUARY 25, 2023

In 2012, the FBI arrested Shah for extortion, which sparked news coverage. Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., He posted the photos to Facebook and his IMDB page ( this one? ).

Copyright 124

Copyright Fair Use Licensing Ownership 124

LexBlog IP

DECEMBER 7, 2023

The motion was based on a recent change in ownership of Finjan, Inc., Intel was required by the 2012 license agreement to follow certain procedures, and the Federal Circuit found Intel acted with diligence in doing so. which had a license agreement with Intel.

Licensing 52

Licensing Government Litigation Ownership 52

SpicyIP

MARCH 20, 2023

For instance, in 2012 Kodak used its facial recognition patent, among its other IPs, as collateral when it was facing bankruptcy. The whole patent portfolio of the company, at the time of their auction, was reported at a whopping 2 billion USD in 2012!

Registration 88

Registration IP Copyright Due Diligence 88

Patently-O

AUGUST 2, 2021

Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. UM did not file any paperwork with the PTO attempting to claim ownership and UM is not a party to the present litigation. by Dennis Crouch. The Federal Circuit has decided an important employment agreement case. Omni MedSci v. Apple (Fed.

Patent 100

Patent Contracts Inventor Ownership 100

The TTABlog

NOVEMBER 7, 2022

In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment, but it failed to meet its initial burden to make a prima facie case. Non-ownership: Section 7(b) provides Respondent with a presumption that it owns the registered mark.

Ownership 52

Ownership Registration IP Copyright 52

TorrentFreak

DECEMBER 4, 2023

“Since Millennium engaged Defendants in 2012, Defendants have filed hundreds of cases on behalf of Millennium and parties that have since merged with Plaintiff Millennium Media, Inc., in the Northern District of Illinois against third-parties infringing Millennium’s Intellectual Property,” the complaint adds.

Settlement 111

Settlement Reporting Intellectual Property Contracts 111

LexBlog IP

MARCH 10, 2024

4/2012) in the UAE. Economic Concentration : Actions resulting in the transfer of ownership or usufruct rights, granting control over another Establishment or a group. Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

LexBlog IP

DECEMBER 7, 2023

The motion was based on a recent change in ownership of Finjan, Inc., Intel was required by the 2012 license agreement to follow certain procedures, and the Federal Circuit found Intel acted with diligence in doing so. which had a license agreement with Intel.

Licensing 40

Licensing Government Litigation Ownership 40

IP and Legal Filings

DECEMBER 6, 2022

Producers may claim exclusive ownership of an album or song in court owing to copyright protections. The 2012 Amendment included a new Section 31(c), which grants statutory licenses to anybody creating a “cover version” of the original work.

Music 91

Music Copyright Copyright Infringement Moral Rights 91

The TTABlog

SEPTEMBER 27, 2021

Applicant claimed ownership of the word-plus-design mark shown immediately below, for "clothing, namely, shirts, t-shirts, shorts, sweatshirts, pullovers, pants, jackets, coats, belts, socks, headwear and footwear." See , e.g., In re USA Warriors Ice Hockey Program, Inc. ,

Registration 52

Registration Ownership Designs Design 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. There is a need to shed light on the legal status of AI which can help the courts determine whether they are eligible to ownership rights of copyright for their work or not. Eastern Book Co.

Art 52

Art Artwork Intellectual Property Copyright Law 52

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.

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

SpicyIP

FEBRUARY 27, 2024

The question of ownership in the virtual world, particularly in video games, has long been debated. Notably, during the 2012 copyright amendment, intriguing discussions emerged, such as this ghost Post questioning if Performance under the Copyright Act is confined to live performances (See also here ). That’s all from my end. (By

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59