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

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

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

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 132

Publishing Contracts Art Copyright 132

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

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.

Copyright Law 116

Copyright Law Copyright Law Art 116

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 119

Social Media Ownership Business Branding 119

The IPKat

MAY 17, 2022

The deadline came after a 2015 initiative that sought an industry-led solution for a fair online music industry. The negotiations were mediated and no doubt the EU Digital Single Market Copyright Directive - which requires "appropriate and proportionate" remuneration for performers - also impacted on those ongoing talks.

Music 98

Music Contracts Government Copyright 98

IPilogue

OCTOBER 7, 2022

In its October 2015 policy proposition , CARFAC also highlighted the reality that many artists living in isolated northern communities live in impoverished conditions, while their work dramatically appreciates in value. The study also found that the market continued to grow after the implementation of the resale right in 2006.

Art 105

Art Moral Rights Artwork Editing 105

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

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. This exception will accelerate revenue decline and reduced output.

Law 116

Law Licensing Publishing Intellectual Property 116

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

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] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

Copyright 130

Copyright Publishing Journalism Art 130

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

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

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

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. 2015 WL 1289984 at 4 (N.D. March 20, 2015). Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. emphasis mine). Koninklijke Philips N.V.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Garrigues Blog

MARCH 1, 2022

In this regard, the effectiveness of the new law in its attempt to support and promote Russian wine products in foreign markets is, to say the least, uncertain, at least as far as Russian “champagne” and “cognac” are concerned. In particular, the PDO “Champagne” is protected in over 120 countries.

Intellectual Property 98

Intellectual Property Registration Contracts Blogging 98

Trading Secrets

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. Shortly thereafter, he became a Senior Vice President of Marketing at Downeast.

Confidentiality 59

Confidentiality Marketing Marketing Contracts 59

The TTABlog

NOVEMBER 21, 2022

Although Applicant Jose Ramon was experienced in the branding and marketing of beers, he was never in the business of producing the goods identified in his application, and the only step he took to use the mark was the formation of a company to market beers. D & P Holding S.A. Not good enough, said the Board.

Contracts 40

Contracts Design Designs Registration 40

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

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.

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Registration Design Designs Intellectual Property 59

LexBlog IP

SEPTEMBER 15, 2021

That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees. Allegedly, around May 2015, Aya began soliciting AMN’s travel nurse recruiters. In December 2015, the parties terminated their relationship. Aya signed the agreement in 2010. Key Takeaway.

Law 52

Law Marketing Marketing Business 52

Trading Secrets

SEPTEMBER 15, 2021

That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees. Allegedly, around May 2015, Aya began soliciting AMN’s travel nurse recruiters. In December 2015, the parties terminated their relationship. To become a AMN subcontractor, AMN required Aya to sign a collaboration agreement.

Law 52

Law Marketing Marketing Business 52

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

LexBlog IP

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. Shortly thereafter, he became a Senior Vice President of Marketing at Downeast.

Confidentiality 52

Confidentiality Marketing Marketing Contracts 52

LexBlog IP

MARCH 30, 2022

We have talked a lot this year about the Federal Trade Commission’s (FTC) focus on reviews, and so far we have seen cases involving review suppression and incentivized reviews , as well as new guidance about how platforms and marketers should handle reviews. So what should we expect from the CFPB in this area?

Contracts 52

Contracts Marketing Marketing Law 52

IP Tech Blog

FEBRUARY 1, 2023

Marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Branding 48

JIPEL Copyright Blog

NOVEMBER 22, 2021

These clauses are generally used to ensure that the investment by promoters into booking a venue and an artist will pay off without watering down the market for ticket sales by allowing the same artist to play frequently in the same area. See It’s My Party, Inc. Live Nation, Inc. , Supp 3d 475 (D.

Music 52

Music Contracts Marketing Marketing 52

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? Under Sohm , Starz’s cause of action for violations occurring in 2015 would be barred before they “accrued” under the discovery rule.

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

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

LexBlog IP

SEPTEMBER 15, 2021

To receive such spillover assignments, Aya (a competitor who also provides temporary nursing services) signed a contract with AMN in 2010 and included in that agreement was a non-solicitation provision prohibiting Aya from soliciting or “poaching” AMN’s employees. §§1, 2 and related California state law claims.

Marketing 52

Marketing Marketing Contracts Law 52

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 78

Business Government Ownership Contracts 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

LexBlog IP

FEBRUARY 1, 2023

Marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Branding 40

LexBlog IP

AUGUST 13, 2021

Under New York’s statutory prejudgment interest rules, an aggrieved party may recover prejudgment interest on a sum awarded because of a breach of contract or wrongful interference with title to, or possession or enjoyment of, property. [1] The wrongdoer does not get the benefit from fluctuations in the market. 161799/2015 (N.Y.

Artwork 52

Artwork Art Reporting Ownership 52

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The Plaintiff, an architect, produced architectural drawings and plans which were approved and registered by the County Government of Kajiado under application Number P/761/2015.

Copyright 90

Copyright IP Ownership Copyright Infringement 90