Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 137

Marketing Marketing Contracts Business 137

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement.

Moral Rights 129

Moral Rights Contracts Editing Related Rights 129

Olartemoure Blog

FEBRUARY 2, 2021

Commercial agency contracts’ regulation in Colombia remains a challenge for both attorneys and clients. 2000-00310-01), Colombian Supreme Court, Justice MARGARITA CABELLO BLANCO, SC6315-2017 File N.° 9 May 2017, the Court explicitly addressed the issue. In fact, in the decision CSJ SC, 1° jul.

Litigation 98

Litigation Contracts Intellectual Property Business 98

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

Kluwer Copyright Blog

MARCH 13, 2024

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). licenses for specific uses). 6(1), and even exclude certain institutions from the remuneration requirement (art.

Copyright 126

Copyright Art Licensing Contracts 126

Technology & Marketing Law Blog

AUGUST 24, 2023

And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. 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.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

JANUARY 6, 2023

214CV646FTMPAMCM, 2017 WL 2210029 (M.D. 2017); see also Riggs v. In total, the court says Section 230(c)(1) immunizes the following claims related to Al-Ahmed’s account suspension: “SCA, civil conspiracy, UCL, breach of contract, and promissory estoppel.” See, e.g., e-ventures Worldwide, LLC v. Google, Inc. ,

Contracts 114

Contracts Government Publishing Blogging 114

The TTABlog

APRIL 17, 2023

Applicant Chizena, a Long Island resident purportedly oblivious to the meteoric ascent of Aaron Judge in the baseball world, filed his intent-to-use applications for the word marks on July 14, 2017, and for the design mark on October 12, 2017. On July 10, 2017, he won the Home Run Derby at the All-Star Game.

Trademark 95

Trademark Designs Design Licensing 95

Kluwer Copyright Blog

MARCH 16, 2022

The consultation sought views on the prospects for facilitating patent and copyright protections for “inventions and creative works which are made by AI”, and for making easier the use of copyright-protected material by AI in innovation and research, through alternative approaches to licensing and text and data mining (TDM) exceptions.

Licensing 98

Licensing IP Intellectual Property Intellectual Property Law 98

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.

Copyright 132

Copyright Music Artistic Work Contracts 132

Technology & Marketing Law Blog

MARCH 21, 2022

First, this wasn’t a typical pro se suit; actual licensed lawyers were involved. 2017); Parker v. 16, 2017); Richard v. If this setup sounds familiar, that’s because at least a dozen cases riff on this theme. This case had two minor twists. Second, the lawyers could echo Prof. 3d 938, 952-53 (N.D. Facebook, Inc. ,

Social Media 145

Social Media Blogging Government Publishing 145

IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

Patent Infringement 75

Patent Infringement Licensing Patent Contracts 75

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 56

Licensing Patent Ownership Patent Infringement 56

IP and Legal Filings

AUGUST 12, 2022

11/2017-18 on Foreign Investment. Foreign technology collaboration in any form including licensing for franchise, trademark, brand name, management contract is also prohibited for lottery business and gambling and betting activities. 11/2017-18 On Foreign Investment first appeared on IPLF. PROHIBITED SECTOR AND PERSONS.

Government 52

Government Ownership Business Reporting 52

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” Second, and more importantly, these alleged admissions were made in 2017, four years before YouTube added its promise to the Community Guidelines.

Contracts 98

Contracts Social Media Blogging Law 98

IP and Legal Filings

OCTOBER 19, 2022

Such offer can be made only on marketplaces/platforms for digital asset exchanges that are licensed by the SEC. However, the SEC has not yet permitted the trading of any category of NFTs on the licensed digital asset exchanges SEC Notification concerning Rules, Conditions and Procedures for Operating Digital Asset Business. Conclusion.

Artwork 90

Artwork Copying Contracts Copyright 90

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. in February 2017. 2017 WL 11665339 (SDNY Feb. Creative Commons : New License Enforcement Principles for Public Comment. * Hebenstreit v. Merchants Bank of Indiana , 1:18-cv-00056-JPH-DLP (S.D. 26, 2021).

Copyright 124

Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 132

Registration Fair Use Copyright Designs 132

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

SpicyIP

SEPTEMBER 12, 2024

He is also the co-author of two books- “Create, Copy, Disrupt: India’s Intellectual Property Dilemmas” (OUP, 2017) and “The Truth Pill: The Myth of Drug Regulation in India” (Simon and Schuster India, 2022). Prashant is an advocate and one of our most prolific bloggers (His posts can be accessed here ). Except under S.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

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.”. __.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

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

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

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

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

IP and Legal Filings

APRIL 8, 2022

Click wrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Click wrap Contract.

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

Clickwrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Clickwrap Contract.

Contracts 52

Contracts Law Business Technology 52

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. Stay tuned as a comment on the judgment is coming soon in the blog. CDSM Directive implementation.

Copyright Law 121

Copyright Law Law Copyright Reporting 121

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. Larva Labs (the creators of CryptoPunks) employs the Dapper Labs NFT License.

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

LexBlog IP

JANUARY 24, 2024

Last year saw the introduction of Law 4996/2022, which brought significant changes to IP legislation in Greece, amending several provisions of the existing Copyright Law 2121/1993 as well as Law 4481/2017 on Collective Management. To introduce a mechanism of extended copyright licensing.

Copyright Law 52

Copyright Law Law Copyright Television 52

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Total visits of the website www.lewishamilton.com from the five EU Member States mentioned before ranged from 1,200 to 8,200 between May 2015 and November 2017, amounting to less than 0.2 % of the total population of these countries.

Art 107

Art Branding Branding Brands 107

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. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Kluwer Copyright Blog

MAY 29, 2023

According to the text of the measure, Meta refused to provide the real data and formulated an offer for the renewal of the license, threatening SIAE that, in the case of non-acceptance of this proposal, Meta would eliminate the SIAE content from its platforms (Facebook and Instagram). 35/2017 and no.

Music 52

Music Licensing Editing Copyright 52

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]

Copyright Law 116

Copyright Law Copyright Law Art 116

LexBlog IP

NOVEMBER 8, 2023

Law 4481/2017 Article 6 of Law 4481/2017 states: 1. Further, article 7 of Law 4481/2017 sets out the following presumptions: 1. With these contracts, the foreign CMOs provide power-of-attorney or transfer to the domestic CMOs their rights for the purpose of their management in Greece.

Music 52

Music Related Rights Law Contracts 52