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

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. India became a part of the protocol in 2013.

Branding 104

Branding Brands Branding Technology 104

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. 201 (Spring 2013). Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB: TELECOMM. &

Social Media 98

Social Media Contracts Ownership Business 98

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

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 102

Copying Copyright Law Copyright Social Media 102

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

The IPKat

OCTOBER 31, 2021

China signed this treaty as one of the initial signatory countries on 28 June 2013, at Marrakesh, Morocco. As of today, 83 contracting parties (109 countries) around the world have ratified or acceded to the Marrakesh Treaty. The Marrakesh Treaty is one of the WIPO’s administered international copyright treaties.

Publishing 76

Publishing Government Copyright Law Copyright 76

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%

Registration 59

Registration Design Designs Intellectual Property 59

IP and Legal Filings

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. v] The Contract Labour (Regulation and Abolition) Act, 1970: The Act’s goal is to control the working conditions of contract labourers in factories and industries. v] The Contract Labour (Regulation and Abolition) Act, 1970. [vi]

Law 95

Law Contracts Business Government 95

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

43(B)log

AUGUST 12, 2021

30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. law tort and contract claims and one federal claim under the Lanham Act. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C.

Editing 59

Editing Contracts Marketing Marketing 59

Velocity of Content

JULY 29, 2022

In New York this week, Judge Valerie Figueredo heard oral arguments on motions to dismiss a consumer class action lawsuit that alleges the Big Five publishers, together with Amazon, have colluded to eliminate price competition from the e-book market.

Publishing 52

Publishing Contracts Reporting Marketing 52

Technology & Marketing Law Blog

JULY 9, 2022

The FTC alleged that: from 2013 to mid-2018, nonsubscribers were unaware that “as many as 25-30 percent of Match.com members who registered each day were using Match.com to perpetrate scams.” Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly.

Advertising 131

Advertising Advertising Publishing Blogging 131

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 118

Copyright Art Licensing Contracts 118

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] 7] However, because the SEC typically has analyzed other digital assets under the rubric of “investment contracts,” we focus on that category of securities here. Howey Co. ,

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

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

The IP Law Blog

AUGUST 25, 2022

The Court also found it significant that VNG had “contracted with U.S. There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. and noted that it had signed license contracts with various U.S. market” by VNG. or other places outside Vietnam.

Copyright Infringement 98

Copyright Infringement Copyright Contracts Music 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ryanair has a long history of litigating against OTAs in Europe and the United States.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. Image via needpix. To date, the decree has yet to be drafted. 43bis (9)).

Publishing 55

Publishing Law Contracts Licensing 55

Patently-O

FEBRUARY 22, 2023

Government Accountability Office, Third Party Litigation Funding: Market Characteristics, Data, and Trends, GAO-23-105210 (Dec. 8] See Westfleet Advisors, The Westfleet Insider: 2021 Litigation Finance Market Report (2022), [link] (detailing estimated new deal commitments). [9] 17] At least, that’s as far as can be pieced together.

Litigation 126

Litigation Reporting Settlement Government 126

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. It concerns the waivability of the right and the modalities for its exercise.

Related Rights 80

Related Rights Publishing Licensing Contracts 80

U.S. Department of Commerce

FEBRUARY 24, 2022

EDA’s RLF program assists businesses by capitalizing local investment programs that provide gap financing to businesses that might not be able to obtain traditional bank loans, while MBEs can access a variety of technical assistance, including access to capital, access to contracts and access to markets by contacting a local MBDA Business Center.

Business 83

Business Government Ownership Contracts 83

Kluwer Copyright Blog

MAY 30, 2022

Much has been said about the press publishers’ right, introduced by Article 15 of the Directive on Copyright in the Digital Single Market (CDSM). An aspect that remains fully obscure is the interplay between these criteria and the parties’ freedom to contract. Image via needpix. To date, the decree has yet to be drafted. 43bis (9)).

Publishing 52

Publishing Law Contracts Licensing 52

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. Reportedly, these patents are about connectivity, interface and security elements and the complaints are filed in European and Asian markets.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. The defendant - Mr Aughton - had been developing software for over 50 years and was employed by PQ from 1989 as a software developer and was appointed a director in 2013. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

IP and Legal Filings

SEPTEMBER 6, 2022

Minority shareholders’ rights are primarily protected by three principal statutes and regulations: the Companies Act, 2013, SEBI Takeover Code, 2011 Regulations, and the Listing Agreement. In contrast to the company’s articles of organization, which are a public document, the SHA is a private contract between the shareholders.

Contracts 52

Contracts Business Law Government 52

The IPKat

NOVEMBER 20, 2023

The BoA discussed the items of evidence filed by 44IP: Statistical data of people watching Formula 1 in 2013 did not include data from Bulgaria, Croatia, Estonia, Latvia and Lithuania. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’.

Art 105

Art Brands Branding Branding 105

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

Kluwer Copyright Blog

AUGUST 18, 2021

The Database Directive and Open data directive have a shared history, going back to the late 1980s when the European Commission first got serious about copyright in the internal market ( Van Eechoud 2021). So effectively, the 2013 directive already curtailed public sector bodies’ copyright and sui generis rights in data.

Government 55

Government Database Right Intellectual Property Copyright 55

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. OK, that’s a clear breach of contract, but how is it copyright infringement? MGM (Guest Blog Post) appeared first on Technology & Marketing Law Blog. 17 U.S.C. § 201(d)(2).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales.

Confidentiality 69

Confidentiality Law Contracts Business 69

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 56

False Advertising Advertising Advertising Social Media 56

The TTABlog

APRIL 6, 2022

GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. In addition, the Albanian state regime authorized both ADOL and GKS to produce and market brandy using the mark or sign "Gjergj Kastrioti Skenderbeu." ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

AUGUST 25, 2022

The Court also found it significant that VNG had “contracted with U.S. ” There was evidence before the Court that VNG had the ability to geo-block users as early as 2013 (if not earlier) but chose not to. and noted that it had signed license contracts with various U.S. market” by VNG. content owners.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

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. 785, 851 (2013) (“By copying a master’s work, the ‘pupil’ might at least get a glimpse of the great author’s mind, which would seem like a normatively desirable process.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Kluwer Copyright Blog

SEPTEMBER 8, 2022

In another case it judged that restrictions put on the use of the internal mail system in 2013 were unlawful and must be quashed. ”. Ahead of their meeting late June, a petition calling for a conference of ministers of contracting states under Article 4a EPC has been sent to the members of the Administrative Council of the EPO.

Blogging 52

Blogging Law IP Copyright 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. Several petitions in the Madras High Court challenged the validity of rule 29(4) of the Copyright Rules, 2013.

IP 143

IP Intellectual Property Copyright Trademark 143