Technology & Marketing Law Blog

AUGUST 24, 2023

Next, from the early 2000s until 2017, the primary legal theory that was used to deter web scraping was the Computer Fraud and Abuse Act or the CFAA. And then, in 2017, the famous hiQ Labs, Inc. Now, the primary vehicle to stop web scraping is with breach of contract claims. LinkedIn Corp. In the end, it was a pyrrhic victory.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

The TTABlog

JUNE 26, 2024

It sought cancellation of a registration for the mark PREDATOR & Design , issued in 2017, for soft drinks and energy drinks made with natural ingredients, claiming lack of bona fide intent and abandonment. entity, and, ultimately, entered into contracts for U.S. based athletes, engaged in various negotiations with U.S.

Designs 56

Designs Design Registration Social Media 56

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

The IPKat

APRIL 4, 2024

Here’s what Desmond writes: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers by Desmond O Oriakhogba.fair compensation needed The Copyright Amendment Bill (CAB) was introduced to parliament on 13 May 2017. The CAB now awaits presidential assent to become law.

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Copyright Music Artistic Work Contracts 132

Garrigues Blog

JUNE 28, 2021

China has taken a further step towards aligning its regulations with the international protection system for designs. On June 1, 2021, the most recent reform of the country’s Patent Act entered into force, which includes significant changes to how industrial designs are regulated. Key reforms.

Designs 52

Designs Design Intellectual Property Registration 52

Technology & Marketing Law Blog

APRIL 1, 2023

Additionally, App Star argues that the applications are denied copyright protection and that “Bar-Z knew or should have known that the design elements cited in the DMCA Notification” are not subject to protection under copyright law. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Defendant had not obtained the Deposit Design from the Copyright Office. Defendant had not tried to find out why Amazon kept reinstating Plaintiff’s listing.

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Registration Fair Use Copyright Designs 132

Kluwer Copyright Blog

SEPTEMBER 28, 2022

In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice. Careful readers as yourself will note that the 2017 Regulation on Cross-Border Portability of Online Content Services was omitted from the list above.

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IP Contracts Social Media Copying 94

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. 493 (2017); Courtney J. Gutman , JLM, the bridal wear company was successful at the PI stage precisely because it asserted trademark and contract claims. (NB:

Social Media 98

Social Media Contracts Ownership Business 98

U.S. Department of Commerce

OCTOBER 7, 2022

Previously, Cano served as chief of the Decennial Contracts Execution Office for the 2020 Census. . In this “extremely technical position,” Cano once again was paired with a “very patient” mentor who helped him become an expert in Navy communications software development, designing and writing code to interconnect ashore U.S.

Contracts 88

Contracts Government Designs Design 88

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Business Litigation 75

Technology & Marketing Law Blog

JUNE 11, 2022

in February 2017. 2017 WL 11665339 (SDNY Feb. Rather, if he were to bring some other claim, perhaps a state contract or tort law cause of action, Tumblr could defend against that claim on the ground that it qualifies for § 512(g)’s safe harbor. Dish Network LLC v. ” * Martin v. Tumblr, Inc., Meta Platforms, Inc.,

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

MAY 2, 2022

LinkedIn lawsuit started in 2017. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

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Cease and Desist Contracts Privacy Business 116

IIPRD

NOVEMBER 7, 2024

1] This can be best illustrated with some of the recent battles over whether rights in newly developed software or innovative design belong to the employee or the employer, often culminating in expensive lawsuits and affecting workplace politics. Incidentally, unclear terms can lead to expensive litigation and disputes. Esposti, F.

Intellectual Property 52

Intellectual Property Ownership Journalism Contracts 52

Trading Secrets

JANUARY 17, 2023

In March 2017, hospital staffing company Emergency Staffing Solutions Inc. (“ESS”) As an important aside, the court further commented on the parties incorrect assumption that certain summary judgment evidence was filed under seal where pursuant to confidentiality and protective orders designating it as confidential. Background.

Confidentiality 59

Confidentiality Contracts Designs Design 59

Intepat

DECEMBER 4, 2023

Registering Foreign Trademarks in India The registration of trademarks in India is governed by the Trade Marks Act of 1999 and the Trade Mark Rules of 2017. The applicant must specify all the countries in which they seek registration, known as designated contracting parties.

Registration 52

Registration Trademark Contracts Advertising 52

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

IP Intelligence

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § In 2017, after much discovery, the parties filed cross-motions for summary judgment. 7, 1999, was a commercial offer for sale of a product embodying the claimed design.

Designs 52

Designs Design Design Patent Contracts 52

Intepat

JUNE 11, 2024

In India, the Trade Marks Act of 1999 and the Trade Marks Rules of 2017 outline specific provisions for provisional refusals. Local counsel plays a crucial role in managing various stages of trademark registration before a Designated Contracting Party.

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Trademark Registration Designs Design 52

Intepat

JUNE 12, 2023

Registering Foreign Trademarks in India Registration of trademarks in India is governed by the Trade Marks Act, 1999 and the Trade Mark Rules, 2017. The Applicant will have to mention all the countries in which they want to attain registration, which are called the designated contracting parties.

Registration 52

Registration Trademark Contracts Intellectual Property 52

Kluwer Copyright Blog

MARCH 16, 2022

The current TDM exception is found in section 29A of the UK Copyright Designs and Patents Act 1988 , according to which a person is allowed to copy a work for the purposes of carrying out “computational analysis of anything recorded in the work”, provided that it is done “for the sole purpose of non-commercial research”.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 98

LexBlog IP

FEBRUARY 22, 2022

Recently the Federal Circuit reversed a district court’s grant of summary judgment of no invalidity of a design patent under the on-sale bar provision of 35 U.S.C. § In 2017, after much discovery, the parties filed cross-motions for summary judgment. § 102. Medical Components, Inc. , 2021-1649 (Fed. Wells Elecs.,

Designs 52

Designs Design Design Patent Contracts 52

IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. Any literary work, text, music, videos, 3D paintings, images, software programs, avatar designs, art, or literature will get protection under copyright in the metaverse. that identifies a product or a service that is distinguishable by a common man.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

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. 3 Portability Regulation 2017; Art. sub c Satellite Directive 1993; Art. 3 Directive 2019/789; Art. DSM Directive. [4]

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Copyright Law Copyright Law Art 116

LexBlog IP

JANUARY 17, 2023

The parties filed dueling summary judgments, with ESS seeking traditional summary judgment on the basis Harvey/James’s declaratory judgment was barred as mirroring the contract, and Harvey/James seeking traditional and no evidence summary judgment because ESS had failed to make any showing of damages whatsoever. Background.

Confidentiality 52

Confidentiality Contracts Designs Design 52

Kluwer Copyright Blog

FEBRUARY 13, 2022

Sean Flynn and I first introduced the database in white papers in 2017 and 2018 , which focused on the openness of the various copyright exceptions. Protection Against Supremacy of Contracts. Supremacy Of Contracts. Legal scholars from our network completed the survey, which we used to construct the User Rights Database.

Copyright 98

Copyright Copyright Law Technology Fair Use 98

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

In 2016, the Federal Patent Court rejected a requested trademark registration of the term “EMOJIS” for chocolate because this expression was already an established designation for figurative symbols in electronic communication (in the German language, the plural of emoji is “Emojis”).

Blogging 96

Blogging Social Media Publishing Reporting 96

Trading Secrets

JUNE 24, 2021

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 52

Contracts Confidentiality Business Litigation 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

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The first application for a blockchain patent was submitted by the Industrial and Commercial Bank of China with China’s State Intellectual Property Office in November 2017. Most number of patents for blockchains were filed in the year 2017. to various entities dealing with the same.

Technology 52

Technology Patent IP Invention 52

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

The IPKat

MAY 12, 2023

The software was rewritten in C# and became InSPC v2 in 2017/2018. PQ became aware of InSPC v1 when it was promoted in demo form by CyberMetrics in the Summer 2017. US proceedings were filed by PQ against CyberMetrics in October 2017, Mr Aughton was deposed in October 2021 and the proceedings then settled on confidential terms.

Copyright Infringement 69

Copyright Infringement Copyright Confidentiality Copying 69

Patently-O

SEPTEMBER 13, 2021

FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. per device in March 2017. However, this case did not sound in patent infringement, but in breach of contract. concurring).

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Licensing Contracts Patent Law Law 56

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 This metadata may be “on-chain” or “off-chain.”

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Ownership Art Artwork Non-Fungible Tokens 52

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. The humanized skeleton figure on the right is Curly, a character designed for Scholastic’s popular “Goosebumps” series of books. Warner Bros.

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