Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” This sets up YouTube for a major own-goal. .”

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Technology & Marketing Law Blog

MARCH 21, 2022

2017); Parker v. 16, 2017); Richard v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. 3d 938, 952-53 (N.D. 2020), aff’d , 851 F. App’x 723 (9th Cir. 2021); La’Tiejira v. Facebook, Inc. , 3d 981, 994-95 (S.D. PayPal, Inc. LEXIS 130800, at *16-17 (E.D. Google ; and ADFI v. Implications.

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Social Media Blogging Government Publishing 145

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.”. __. The court predictably reaches the same conclusion as in its first ruling.

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Cease and Desist Contracts Privacy Business 116

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. An analysis of the pros and cons of each set of rules should be part of any relevant litigation strategy.

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Contracts Confidentiality Business Litigation 75

Technology & Marketing Law Blog

JUNE 11, 2022

After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. This is a preview of the future of CCB litigation…CAN’T WAIT! in February 2017. 2017 WL 11665339 (SDNY Feb. Wilmont Storage Services, LLC , No. 19-55882 (9th Cir. Dish Network LLC v.

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Copyright Copying Copyright Infringement Copyright Law 124

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

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Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

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Registration Fair Use Copyright Designs 132

The IPKat

JUNE 16, 2024

He thus sued the Perrotin Galerie and Turenne Editions, which represent Cattelan, and Monnaie de Paris, which exhibited the works between 2016 and 2017, to obtain a judicial declaration of authorship of the sculptures. To further exemplify by referring to a case that has not (yet) been litigated.

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Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

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Ownership Business Contracts Law 98

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:

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Social Media Contracts Ownership Business 98

The TTABlog

JUNE 26, 2024

Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. 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. created a U.S.

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Patently-O

MARCH 18, 2024

The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cases even where the underlying infringement claims have been extinguished. Background: A separate VLSI v. Patent Nos.

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Licensing Patent Patent Infringement Litigation 80

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. In a precedential decision issued Friday, the U.S. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc.,

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Patent Infringement Licensing Patent Contracts 75

IIPRD

NOVEMBER 7, 2024

In the meanwhile, businesses need draft legal and binding employment contracts that are clear on choosing between securing the protection of their intellectual property and preserving the rights and freedom of their workers. Incidentally, unclear terms can lead to expensive litigation and disputes. 3] AIR 2015 SUPREME COURT 3479. [4]

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LexBlog IP

MARCH 29, 2022

With the ever increasing move towards remote working, more and more out-of-state employers may find themselves in a California court pursuing or defending against claims that arose from an employment agreement that was ostensibly supposed to be litigated outside of California. The Superior Court, 75 Cal. 5th 844 (2022).).

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Litigation Contracts Government Confidentiality 52

Trading Secrets

JUNE 24, 2021

The webinar also covered how these latest developments impact counseling, litigation, and deals involving companies with employees based in Texas. In over 90% of trade secret cases, the misappropriator is someone the trade secret owner knew (former employee or business partner). Code Section 15.50(a).

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Contracts Confidentiality Business Litigation 52

The IPKat

DECEMBER 5, 2022

The decision considered whether the UK courts are able to hear a dispute over whether royalties are due under a US patent in view of a contract governed by US law (G W Pharma v Otsuka, [2022] EWCA Civ 1462 ). There is also an exception to the Moçambique principle for claims which relate to a contract.

Patent 69

Patent Contracts Government Law 69

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. It it is, therefore, likely that the copyright infringement claim would effectively follow the breach of contract claim. Secondly, in New York, from L.

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Copyright Infringement Music Copyright Contracts 52

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Libre 2 was launched in October 2020.

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Patently-O

SEPTEMBER 13, 2021

per device in March 2017. However, this case did not sound in patent infringement, but in breach of contract. patent law with no reference to French contract law. Ericsson proposed a rate of $2.50 HTC did not accept this offer and instead conducted an assessment of the value of Ericsson’s SEPs. It made a counteroffer of $0.10

Licensing 56

Licensing Contracts Patent Law Law 56

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

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Fair Use Contracts Litigation Copying 45

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

The IPKat

AUGUST 29, 2021

This led to the enactment of the Cybersecurity Law of 2017 and a plethora of other data security and data protection regulations. 3) sign a standard contract formulated by the national cyberspace authority with the recipient abroad. It is a significant clarification as there are relatively few individual litigations.

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Law Art Privacy Government 97

Trading Secrets

DECEMBER 21, 2021

It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. It recently held a workshop where academics and regulators addressed the issue.

Confidentiality 69

Confidentiality Law Contracts Business 69

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

Fish & Richardson Trademark & Copyright Thoughts

APRIL 16, 2021

1] So, in a trade secret case, the plaintiff might request the court seize the defendant’s property at the beginning of litigation (for example, when the complaint is filed), so that the defendant will not be able to “propagate” or “disseminate” trade secrets while the case is being litigated. 17-cv-428, 2017 WL 8947964 at *2 (D.

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Intellectual Property Law Litigation Intellectual Property Contracts 40

IP and Legal Filings

SEPTEMBER 18, 2024

million workers will be engaged in the gig economy” [6] , but this report also shows how the gig economy has become struggling from poor safety conditions, lack of minimum wages, absence of employment benefits, and unfair contracts.” As mentioned earlier, “the think tank report estimates that by 2029 nearly 23.5

Law 59

Law Government Contracts Reporting 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. first submission July 2017; resubmitted Dec.

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JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

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Moral Rights Fair Use Art Derivative Work 52

SpicyIP

JANUARY 9, 2023

However, the Plaintiff relied on the “Revised Guidelines for Examination of Computer Related Inventions, 2017” and the decision in Ferid Allani v. An Injunction cannot force an artist to continue with contract for personal service even though mutual trust between the parties has been lost, rules Delhi High Court.

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Bio Law Blog

NOVEMBER 15, 2021

The ChromaDex litigation goes back to September 2018, when ChromaDex filed an action alleging infringement by Elysium’s dietary supplement BASIS® that includes NR. In 2017, Elysium filed IPR petitions challenging the validity of the patents. Patent Nos. § 101.

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Patent Invention Litigation Contracts 52

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Government 52

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. The contract specifically didn’t guarantee updates and provided for invoices for any supplements if and when they became available. “It

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Editing Contracts Copying Law 45

LexBlog IP

APRIL 19, 2023

I can think of a few recent examples: In 2017, Colorado State University completed a new on-campus stadium to replace Hughes Stadium, which was located on the western edge of Fort Collins. CSU then entered into a contract with a national company to develop the Hughes site, mostly for housing.

Contracts 40

Contracts Litigation Law Intellectual Property 40

JIPEL Copyright Blog

DECEMBER 3, 2021

In 2017, the City of St. Louis, Missouri, and the operators of the Ram’s then-stadium (“plaintiffs”) filed a lawsuit against the NFL, each NFL franchise, and each franchise’s respective owner (“defendants”), alleging that the NFL and its franchises committed breach of contract by failing to satisfy the league’s relocation policy obligations.

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