LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). Furthermore, procedural safeguards ( Quintais et al.,

Copyright 118

Copyright Art Licensing Contracts 118

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 118

Contracts Registration Litigation Copying 118

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 127

Privacy Law Contracts Designs 127

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 87

Licensing Contracts Patent Law 87

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2019) 402 F.Supp.3d 2018) 893 F.3d

Blogging 102

Blogging Contracts Law Privacy 102

IP and Legal Filings

JULY 21, 2022

These are the works for which the education sector is the only effective market and copying such work will make them uneconomic for the copyright owner. Along a similar line, the USA also offers blanket licensing through the national RRO (Reproduction Rights Organization). No educational institution applied for any licenses till now.

Copyright 90

Copyright Licensing Higher Education Copying 90

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 78

Related Rights Publishing Licensing Contracts 78

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Breach of Contract 2. Trespass 5. Dilution 7.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

JULY 20, 2023

For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019. Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 61

Contracts Social Media Publishing Blogging 61

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 79

Privacy Law Intellectual Property Music 79

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. The CFAA is in part a criminal statute and breach of contract claims are not. The opinion.

Blogging 78

Blogging Contracts Litigation Law 78

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Patently-O

SEPTEMBER 13, 2021

Disclosure statement: in 2019, the author served as an expert for HTC in an unrelated, non-U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. 2021), affirming the judgment of the District Court for the Eastern District of Texas, 2019 U.S. LEXIS 26250, __ F.4 4 th __ (Fed.

Licensing 54

Licensing Contracts Patent Law Law 54

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Kho (2019) 8 Cal.5th Consumer Contracts (Tent.

Contracts 80

Contracts Blogging Advertising Advertising 80

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. In 2019, FDA approved a record-breaking ten biosimilars. December 6, 2019. November 15, 2019.

Litigation 52

Litigation Settlement Marketing Marketing 52

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. 2019 WL 13109708 (S.D. assertions.

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Registration Fair Use Copyright Designs 113

Herbert Smith Freehills

NOVEMBER 7, 2022

The UK's climate change agenda will be complicated by an energy market under intense pressure and policy in flux . Determined to increase domestic sources of energy to reduce reliance on foreign imports, the UK Government has announced a new licensing round, which is expected to lead to over 100 new oil and gas licences.

Government 52

Government Business Marketing Marketing 52

Indiana Intellectual Property Law

JUNE 28, 2021

Northlake Marketing, LLC and Thomas M. According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand. According to the Complaint, Noble Roman’s is the exclusive holder of licensing and franchising rights relating to the Noble Roman’s pizza brand.

Trademark 52

Trademark Branding Brands Branding 52

Patently-O

APRIL 10, 2022

In spite of its ownership of the patents, however, a jury found that a predecessor of BioVeris (IGEN) had exclusively licensed the patents to Meso Scale Diagnostics, and that Roche was liable to Meso for directly infringing one of the patents, and for inducing infringement of two others.

Licensing 56

Licensing Technology Patent Patent Infringement 56

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. 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 111

Cease and Desist Contracts Privacy Business 111

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 102

Copying Copyright Law Copyright Social Media 102

Technology & Marketing Law Blog

JULY 9, 2022

Again, were the claim otherwise viable here, Apple’s liability would be premised on its participation in marketing and distributing an illegal gambling device. Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly. Superior Ct.

Advertising 123

Advertising Advertising Publishing Blogging 123

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change. Developing Initiatives.

Contracts 52

Contracts Government Law Marketing 52

Herbert Smith Freehills

SEPTEMBER 10, 2021

Earlier this year, President Alvarado met with the President-Designate of COP26, Alok Sharma, to discuss the implementation of the Paris Agreement at COP26, particularly in relation to Article 6 on carbon markets and Article 13 on transparency frameworks. Ambiguous Approaches to Climate Change. Developing Initiatives.

Contracts 52

Contracts Government Law Marketing 52

Bio Law Blog

NOVEMBER 15, 2021

Both ChromaDex and Elysium market their products as anti-aging supplements, touted as the “Fountain of Youth.” ” Prior to the infringement action, Elysium had licensed the asserted patents but stopped making payments, leading to a separate breach of contract action in California. Pure Hemp Collective Inc. ,

Patent 52

Patent Invention Litigation Contracts 52

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. E.g., these images were good, so you should apply a quality multiplier; scarce, so you should apply a scarcity multiplier to the standard quoted rate; also P didn’t want to license them so should get an exclusivity multiplier. 3) “So what?”

Copyright 57

Copyright Copying Music Fair Use 57

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 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

Art 52

Art Marketing Marketing Artwork 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Cannabis [i] is a rapidly growing industry; in 2019, overall sales of cannabis products legal under state law were estimated to be worth $13.6 The 2018 Farm Bill led to widespread availability of products containing CBD, which are commonly marketed as dietary supplements, drugs, food, and cosmetics. billion by 2025. [ii]

IP 52

IP Registration Trademark Branding 52

Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. and not charging fees for re-use. 1(6) Open data directive).

Government 55

Government Database Right Intellectual Property Copyright 55

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

The IPKat

SEPTEMBER 23, 2022

This referral adds to the referral made a few months earlier by the Finnish Market Court on the interpretation of Article 3(c) and its interplay with Article 3(a) (case C-119/22 ). Willemen had in the meantime entered into a license agreement under Vandenbempt’s Belgian patent.

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Litigation Law Patent Invention 80