Patently-O

JANUARY 12, 2022

There is a lot going in this decision, but the crux of the appeal is a license interpretation question. Here are the rough facts: Hwang licensed its patent rights to Plastronics Socket. In the appeal, the Federal Circuit confirmed that the “divisive merger” cannot be used to escape from contract obligations.

Contracts 78

Contracts Licensing Patent Law 78

Greenspoon Marder LLP

OCTOBER 29, 2018

What happens to a trademark license when the brand owner goes bankrupt? The Court will seek to resolve a split in circuits as to whether a debtor-licensor can terminate a trademark license agreement by “rejection,” thereby taking back the trademark rights it licensed and precluding a licensee from using the trademark.

Licensing 52

Licensing Trademark Intellectual Property Contracts 52

Kluwer Copyright Blog

JUNE 27, 2023

In addition to significantly changing the Portuguese Copyright Code , the Decree-Law also affects Law 26/2015 on collective management organizations and Decree-Law 122/2000 on databases, and creates a new dispute resolution mechanism called “specialized institutionalized arbitration and mediation in matters of copyright and related rights”.

Art 105

Art Contracts Publishing Licensing 105

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. 2015) (emphasis added). Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 105

Contracts Privacy Blogging Litigation 105

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

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

Velocity of Content

AUGUST 10, 2022

On the other hand, it clearly distinguishes those with an economic copyright interest from those without one while setting forth two clear paths for reuse: licensing for the former, copyright exception for the latter. The options ranged from no change to UK law, to improving the licensing environment, to offering new copyright exceptions.

Law 116

Law Licensing Publishing Intellectual Property 116

The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art. 228/4 with EU law [unofficial translation by this Kat]: 4.

Publishing 129

Publishing Art Licensing Confidentiality 129

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. The court previously denied Kiwi’s motion to dismiss, without much discussion of the merits.

Cease and Desist 122

Cease and Desist Contracts Trademark Blogging 122

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. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 204(a) ).

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” In another scenario a party receiving confidential information would be obligated to keep information confidential even when there was or there was no existing contract.

Confidentiality 96

Confidentiality Contracts Intellectual Property Business 96

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums. Knitting Fever, Inc.,

False Advertising 99

False Advertising Advertising Advertising Business 99

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

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] In current practice, authors are expected to assign or exclusively license their copyright to publishers. The trends towards paying to perform research”.

Copyright 130

Copyright Publishing Journalism Art 130

IPilogue

JANUARY 21, 2022

However, much of this power is effectuated contractually through end-user license agreements or applicable terms of service with individuals and tournament organizers. For instance, in 2015, a Twitch streaming channel named “SpectateFaker” was issued a takedown notice by Abuzu , another video game streaming service.

Publishing 109

Publishing Intellectual Property IP Licensing 109

The IPKat

NOVEMBER 20, 2023

Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark application no. The application of this principle required Lewis Hamilton to be famous in the entire EU at the filing date of the contested application, i.e. on 14 July 2015.

Art 107

Art Branding Branding Brands 107

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. Another controversy that the production of literary and artistic material by LLMs elevates to a core issue is the originality controversy. United States v. Kaluza, 780 F.3d

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

AUGUST 16, 2022

Generally, a photographic syndication agency holds contractual agreements with various photographers to sell and license their photos for commercial and/or editorial use. in damages, which is the total license fee for the photos. The Plaintiff, August Image LLC (“August”) is a photographic syndication agency based in New York, USA.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

Trading Secrets

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. In February 2015, he resigned from his position with AirFacts. In AirFacts, Inc.

Contracts 59

Contracts Licensing Litigation Confidentiality 59

IP and Legal Filings

NOVEMBER 23, 2023

Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

Kluwer Copyright Blog

JUNE 1, 2023

The EU copyright framework needs to be ameliorated in this regard and the articles 18 sq of the CSDM directive (the so-called “copyright contract law” rules) cannot be the final word on this issue. Towards a modern, more European copyright framework, 9 December 2015, COM(2015) 626 final, nr. sub c Satellite Directive 1993; Art.

Copyright Law 116

Copyright Law Copyright Law Art 116

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. Background.

Licensing 56

Licensing Contracts Patent Law Law 56

LexBlog IP

FEBRUARY 23, 2023

in nominal damages for contract and trade secret claims against a former employee, citing the immateriality of defendant’s breach and plaintiff’s failure to prove a fair licensing price for its misappropriation damages. In February 2015, he resigned from his position with AirFacts. In AirFacts, Inc.

Licensing 52

Licensing Contracts Litigation Confidentiality 52

Greenspoon Marder LLP

MARCH 17, 2016

Commercial Litigation – A New Court On July 1, 2015, the Arizona Supreme Court introduced a pilot program that provides a new Superior Court venue for commercial litigation cases. The term “business contract or transaction” excludes a “consumer contract or transaction.” By: Sharon Urias, Esq.

Contracts 52

Contracts Litigation Business Intellectual Property 52

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

Patently-O

JULY 14, 2024

446 (2015). 29 (1987), the court noted that it could not reconsider the merits of an award even if the arbitrators made factual or legal errors in interpreting a contract. However, in evaluating whether an award violates public policy, a court is bound by the arbitrators’ interpretation of the underlying contract.

Patent 49

Patent Contracts Technology Marketing 49

Technology & Marketing Law Blog

OCTOBER 28, 2022

2015 WL 1289984 at 4 (N.D. March 20, 2015). This action may give rise to a number of claims, but it does not support a theory of liability under the CFAA. emphasis mine). Koninklijke Philips N.V. Elec–Tech International Co. , It wasn’t a total loss for Booking, though.

Blogging 111

Blogging Cease and Desist Business Litigation 111

The IPKat

OCTOBER 7, 2021

Between 2008-2015, the technology was upscaled to 70 percent of the Burkinabe cotton areal. Just by contracting with AICB, Monsanto could capture the cotton areal. Under the current Bangui Agreement – revised in 2015 without relevant changes – it is possible to patent plants and agricultural produce.

Patent 78

Patent Government IP Technology 78

The IPKat

JULY 7, 2023

The conference series was created by Dr Gaetano Dimita and the Centre for Commercial Law Studies, Queen Mary University of London in 2015 to bring together creators, legal practitioners and researchers in the field of Interactive Entertainment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

43(B)log

AUGUST 4, 2021

Universal safe harbor; first sale; operating outside ©’s exclusive rights (Aereo) [largely failed]; admin state—compulsory licenses, recording device levy; other: ASCAP/BMI consent decree; DMCA safe harbors; Section 1201 exceptions. Digital TV: operating outside © failed, and Aereo also failed to get a §119 compulsory cable license.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Intepat

OCTOBER 23, 2024

The transfer of IPRs usually takes place via assignment and licensing agreements. To expedite market entry and avoid delays in formalizing an assignment or license agreement, parties sometimes rely on verbal agreements, which are considered valid under Indian Contract Law. Similarly, in Alps South LLC v. Ohio Willow Wood Co.

Intellectual Property 52

Intellectual Property Trademark Intellectual Property Law IP 52

BYU Copyright Blog

NOVEMBER 2, 2023

These videos contained recordings of some of the class lectures he had recorded during his tenure at Pima.Pima contends that Yuksel breached his employment contract by knowingly recording class lectures from 2015 through 2022, even though such recordings were prohibited by the school's policies. Complaint at 5-6).Furthermore,

Privacy 40

Privacy Copyright Infringement Copyright Contracts 40

Patently-O

FEBRUARY 22, 2023

For instance, the International Trade Commission already requires some disclosure of complainants that seek its exclusive jurisdiction over nationwide injunctions, both as to NPE status and to licensing and industry activity to establish the statutory domestic industry requirement. 2022), available at [link]. [17] 8, 2022). [30]

Litigation 126

Litigation Reporting Settlement Government 126

Copyright Lately

JULY 17, 2022

But then, starting in 2015, Travilyn began to serve copyright termination notices on over 50 of Jay’s most valuable compositions, including “Que Sera, Sera,” which became effective in 2019.

Copyright 61

Copyright Music Social Media Publishing 61