Velocity of Content

NOVEMBER 2, 2021

The 2021 Charleston Conference will be held in hybrid model this year, including streamed in-person presentations as well as virtual, hosted sessions. Transformative Agreements require librarians to negotiate and manage elaborate, multi-year contracts that impact budgets, research practices, and faculty expectations.

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Contracts Publishing Technology Copyright 98

Chicago IP

JANUARY 7, 2022

19, 2021) (Kendall, J.). 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

Contracts 52

Contracts Government 52

Technology & Marketing Law Blog

OCTOBER 31, 2021

Other dubious rulings in 2021 include Select Comfort v. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve

Contracts 115

Contracts Litigation Blogging Law 115

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

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Contracts Privacy Registration Government 83

Patently-O

AUGUST 25, 2021

2021) involves a bid-protest regarding a government contract. The court’s opening offers a brief insight on the complex world of DOD governmental contracts. Contracting officers often must discuss deficiencies and significant weaknesses in proposals with. The Federal Circuit’s new decision in DynCorp v.

Contracts 96

Contracts Government Patent 96

LexBlog IP

JANUARY 7, 2022

19, 2021) (Kendall, J.). 12(b)(6) motion to partially dismiss counterclaim plaintiff’s (“Kolbe”) breach of contract claim in this trade secret misappropriation case. Kolbe also failed to sufficiently plead an oral contract. CZS Holdings LLC d/b/a Pur360 , No. 20 C 6886, Slip Op.

Contracts 52

Contracts Government Intellectual Property 52

Patently-O

OCTOBER 7, 2021

2021)( KannuuSamsungDecision ). US Courts typically enforce choice-of-forum provisions found within contracts between two business entities. But, they did not enter such a contract. Kannuu Pty. Samsung Electronics Co., ” The potential deal fell apart and Kannuu eventually sued Samsung for patent infringement.

Contracts 72

Contracts Intellectual Property Confidentiality Patent Infringement 72

43(B)log

SEPTEMBER 21, 2021

3d -, 2021 WL 790638 (S.D.N.Y. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the pandemic. Thus, some but not all breach of contract claims survived. A reversal of the usual result: contract claims are usually much narrower than unfair trade practices claims.]

False Advertising 59

False Advertising Contracts Advertising Advertising 59

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! We started this rubric in the beginning of 2021. The end of 2021 has been particularly busy. More than six months have now passed since the deadline to implement the CDSM Directive – 7 June 2021. Photo by Markus Spiske on Unsplash.

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Copyright Law Copyright Law Reporting 111

LexBlog IP

JULY 16, 2021

The Guidelines helpfully set out the EDPB’s recommendations on what should be included in data processing contracts between controllers and processors, in order to ensure compliance with Article 28 GDPR. The Guidelines warn that a data processing contract should not merely restate the provisions of Article 28 GDPR.

Contracts 52

Contracts Publishing Reporting Privacy 52

LexBlog IP

JULY 21, 2021

2021 NY Slip Op 50510(U) (Sup. 2021), Justice Richard M. Platkin of the Albany County Commercial Division reinforced the textbook rule that that an individual who signs a contract as an agent for an undisclosed entity can be held personally liable on the contract if the agency relationship is not disclosed. Albany Cnty.

Contracts 52

Contracts Technology Business Intellectual Property 52

Kluwer Copyright Blog

JANUARY 16, 2023

The majority of the changes in the course of the 2021 copyright law reform have undoubtedly been made to the Copyright Act, the so-called UrhG ( English translation here ). Part 1 discusses changes to copyright contract law and the new text and data mining exemption provisions. Changes to copyright contract law (Sections 32 et seqq.

Copyright 52

Copyright Contracts Copyright Law Law 52

43(B)log

SEPTEMBER 3, 2021

2021 WL 2633326, No. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Goodrich v. Alterra Mountain Co., 20-cv-01057-RM-SKC (D.

Contracts 59

Contracts Advertising Advertising Licensing 59

LexBlog IP

NOVEMBER 15, 2021

The world of college athletics changed forever on July 1, 2021. There are formal contracts to outline the finer points and, in such cases, licensed professionals are involved to help the athlete understand their legal obligations. To form a contract, three main ingredients are required. By: Jacob Parrott.

Contracts 52

Contracts Social Media Law Business 52

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

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

Contracts 92

Contracts Blogging Registration Law 92

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

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Confidentiality Law Contracts Business 69

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. Intellectual Property Appellate Board abolished through the Tribunals Reform Act, 2021. Patents (Amendment) Rules, 2021.

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IP Intellectual Property Copyright Trademark 139

LexBlog IP

SEPTEMBER 29, 2021

The Government has published its legislation programme for Autumn 2021. The Heads of Bill were published on 9 January 2020, with additional provisions approved on 8 December 2020 and 18 May 2021. The Heads of Bill were approved on 20 April 2021. The Heads of Bill were approved on 14 April 2021.

Publishing 40

Publishing Government Contracts Law 40

The IPKat

NOVEMBER 16, 2022

On the other hand, Articles 19-22 of the Directive provide for ex-post equalisation measures, i.e., operating after the contract has been concluded (transparency obligation; contract adjustment mechanism; alternative dispute resolution procedure; right of revocation).

Contracts 120

Contracts Licensing Government Law 120

JD Supra Law

SEPTEMBER 14, 2021

On August 2, 2021, in Omni MedSci, Inc. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s Apple Inc., 20-1715, slip op. s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing.

Contracts 95

Contracts Invention Patent Infringement Patent 95

LexBlog IP

FEBRUARY 18, 2022

Crowell & Moring presented a webinar discussing the most influential trade secret cases from 2021 along with new legal developments, including non-compete legislation and trade secret maintenance. Many states proposed or passed restrictions on non-compete clauses in contracts, including Illinois, Nevada, Oregon and DC.

Contracts 52

Contracts Government Litigation Privacy 52

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 80

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. Since he used the company resources to produce the drawings, the architectural drawings became commissioned works by the Company under a contract of service. Interested readers can find the Africa IP Highlights 2020, here.

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Copyright IP Ownership Copyright Infringement 89

JD Supra Law

OCTOBER 1, 2021

In our May 2021 Newsletter, we discussed whether patent owners could contract away the ability for a challenger to bring Patent Trial and Appeal Board (PTAB) invalidity challenges, e.g., inter partes or post grant reviews. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

Contracts 52

Contracts Patent 52

Velocity of Content

DECEMBER 2, 2021

Many publishing companies will contract with multiple vendors on this chart to create integrated and mixed technology environments within their organizations. The post 2021 Publishing Technology Report: Annual Review of Software Vendors Supplying Media, Publishing and Content Owners appeared first on Copyright Clearance Center.

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Publishing Reporting Technology Marketing 98

Kluwer Copyright Blog

FEBRUARY 22, 2023

Photo by Christian Wiediger from Unsplash The implementation transposition of the Copyright Directive 2019/790 (DSMD) in the summer of 2021 represented probably the greatest reform in German copyright law since the German Copyright Act (UrhG) came into force. Germany’s implementation of Art. Germany’s implementation of Art.

Law 52

Law Copyright Copyright Law Contracts 52

Technology & Marketing Law Blog

JUNE 10, 2024

4, 2021), the Massachusetts Supreme Court struck down Uber’s TOS because it wasn’t properly formed. In response to Kauders, in April 2021, Uber forced all of its users in Massachusetts (and maybe beyond, I’m not sure) through a new TOS formation process. In Kauders v. Uber Techs. ,

Contracts 84

Contracts Marketing Marketing Blogging 84

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. 2 of the overall contract, available here ). Moreover, the 2021 copyright law reform also promotes the preservation of cultural heritage. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

Technology & Marketing Law Blog

OCTOBER 28, 2024

Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules. I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law. I still teach the 2007 Ticketmaster v.

Contracts 68

Contracts Law Blogging Marketing 68

LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

LexBlog IP

MAY 4, 2022

Since its establishment, GEA has claimed to be entitled to collect the above equitable remuneration not only for its members (ie, rights holders represented by it) but also on behalf of producers, performers, and musicians who are not represented by it on the basis of a contract or relevant mandate.

Contracts 52

Contracts Music Related Rights Television 52

Plagiarism Today

JANUARY 5, 2023

The notices in question span a time period between September 2021 and November 2022. 3: Judge Rules in Favor of Ford on AirPro Contract, Copyright, Trademark violations. Ford alleged that these infractions amounted to both breach of contract and copyright violations. That amount totals $228.9 million in potential damages.

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Contracts Music Settlement Licensing 201

LexBlog IP

DECEMBER 27, 2021

As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. Antitrust Litigation Continues: The industry has been watching as litigation continues on antitrust claims against AbbVie and J&J regarding their patenting and contracting practices.

Litigation 52

Litigation Intellectual Property Patent Contracts 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. Now, further initiatives are needed to support the tailoring of a copyright regime, in contract and statute, to encourage the use of reversion provisions. 17 of the CDSM Directive.

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LexBlog IP

DECEMBER 17, 2021

In legal terms, those rights are intellectual property (IP) rights such as copyright, patents, and trademarks, confidentiality obligations, and contract rights. The principal areas of law discussed were copyright and contracts.

Copyright Law 52

Copyright Law Law Copyright Intellectual Property 52

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. Consideration.

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Contracts Confidentiality Privacy Ownership 59