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.

Contracts 98

Contracts Privacy Registration Government 98

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.

Copyright Law 112

Copyright Law Copyright Law Reporting 112

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.

IP 143

IP Intellectual Property Copyright Trademark 143

Plagiarism Today

AUGUST 16, 2022

The 2020 and 2021 school years were altered heavily by the COVID-19 pandemic, creating a push to distance learning as schools struggle to stay open. 1: New Tools to Detect Contract Cheating. That caused many students to look to contract cheating, either locally or through online essay mills.

Plagiarism 227

Plagiarism Contracts Copying Litigation 227

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.

Contracts 200

Contracts Music Settlement Licensing 200

Plagiarism Today

NOVEMBER 18, 2021

They did so anyway and followed up by filing a trademark We’ve tried to sort this out in private and they have been uncooperative at every turn [link] — OBS (@OBSProject) November 17, 2021. pic.twitter.com/00sjHsmntF — Streamlabs (@streamlabs) November 17, 2021. — Streamlabs (@streamlabs) November 16, 2021.

Plagiarism 256

Plagiarism Web Development Copying Copyright Notice 256

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 123

Contracts Licensing Government Law 123

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 136

Contracts Registration Litigation Copying 136

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

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.

Publishing 98

Publishing Reporting Technology Marketing 98

The IPKat

NOVEMBER 10, 2024

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. Background The Belgian National Orchestra (ONB) and its musicians have been embroiled in a legal dispute since July 2021. This shall be without prejudice to any acts concluded and rights acquired before 7 June 2021.

Law 108

Law Contracts Art Government 108

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. 9, 2021, No. See, e.g., Britt v.

Blogging 116

Blogging Contracts Law Privacy 116

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.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Plagiarism Today

JANUARY 24, 2022

The app, which was released in September 2021, allows users to link together their various frequent flyer accounts, including American Airlines AAdvantage program. According to American Airlines, this is a violation of their terms of service by encouraging users to hand over their login information to a third party.

Settlement 209

Settlement Copyright Notice Plagiarism Reporting 209

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). [I 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 126

Contracts Blogging Litigation Marketing 126

Plagiarism Today

APRIL 4, 2022

In April 2021, researcher Jess L Gregory published an article entitled “ Plagiarism as a Social Contract, a New Way to Approach Plagiarism ”.

Plagiarism 256

Plagiarism Social Media Contracts Copying 256

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

IPilogue

SEPTEMBER 2, 2021

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. In contract law, ambiguity is addressed in several ways.

Contracts 105

Contracts Confidentiality Law IP 105

Patently-O

MARCH 7, 2022

Waste Management detected some suspicious activity on its servers in January 2021, but did not discover that there was a real breach until May 2021. The current/former employees sued in a nationwide class action alleging negligence, breach of implied contract, breach of fiduciary duty, and unjust enrichment.

Privacy 118

Privacy Contracts Licensing Litigation 118

Plagiarism Today

SEPTEMBER 15, 2022

In December 2021, the judge ruled against the motion, saying that there was a “genuine issue of material fact” that needed to be explored at trial. Morantz, who is 77, is suing Downey over alleged copyright infringement, breach of contract and elder abuse. None of the defendants have responded to the lawsuit at this time.

Reporting 208

Reporting Copyright Infringement Plagiarism Licensing 208

Plagiarism Today

MARCH 23, 2022

In December of 2021, various movie companies filed a lawsuit against the site alleging that they were illegally streaming content that they own. That was offered exclusively through a contract with LexisNexis. The plaintiffs obtained a preliminary injunction that resulted in one of PrimeWire’s domains being seized.

Law 192

Law Journalism Plagiarism Licensing 192

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 119

Contracts Publishing Blogging Government 119

IPilogue

JULY 15, 2021

Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry. Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Conflict arises in contracts’ terms.

Licensing 105

Licensing Contracts Designs Design 105

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?

Litigation 82

Litigation Law Patent Invention 82

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 98

Contracts Marketing Marketing Blogging 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

DECEMBER 14, 2021

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on December 8, 2021. On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Amazon, 2021 U.S.

Contracts 105

Contracts Privacy Blogging Litigation 105

Technology & Marketing Law Blog

JUNE 18, 2022

In 2021, a federal court dismissed a putative class action lawsuit against Cognizant for trauma experienced by the content moderators. The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. This case involves Cognizant, a business process outsourcer (BPO) that performed content moderation work for Facebook.

Contracts 131

Contracts Blogging Business Technology 131

Plagiarism Today

MARCH 22, 2022

Pohl contested and appealed that decision, but an arbitrator sided with the school in September 2021. Breach of Contract: Did the school violate their own rules and contracts with the person filing the lawsuit? That decision was made final in December 2022, which led to the lawsuit in February filed by Pohl.

Plagiarism 241

Plagiarism Contracts Law 241

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 123

Blogging Contracts Cease and Desist Social Media 123

TorrentFreak

FEBRUARY 7, 2023

In 2021, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. This attempt was more successful.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

JD Supra Law

DECEMBER 16, 2021

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Infringement Contracts Trademark 98

Plagiarism Today

AUGUST 5, 2021

Strine, for his part, has admitted to the plagiarism and said, “I am embarrassed for my lapse in judgement” He also issued a statement apologizing to the class of 2021 saying, “I did not offer you all of my own words.” ” However, Strine is far from alone in being in this position.

Plagiarism 246

Plagiarism Contracts Law 246

The IPKat

APRIL 19, 2023

On 30 April 2021, Free Holdings, a Canadian company, re-registered McCoy’s Quantum name in the Namecoin blockchain. The entire history of the name can be seen here ) On May 28, 2021, McCoy minted another NFT to record the Quantum artwork, this time on the Ethereum blockchain. a jpeg) stored on the cloud. are applicable to it.

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

Patently-O

JULY 19, 2021

2021-000765, 2021 WL 2982136 (PTAB). … Here, claim 1 seeks to hedge risk in a clock auction by using intra-round bids with generic computers and components that perform generic data processing of sending and receiving data to auction securities, contracts, commodities, spectra, and other items. Ex parte Knoll , Appeal No.

Invention 126

Invention Patent Application Technology Contracts 126

Technology & Marketing Law Blog

DECEMBER 18, 2021

Breach of Contract. ” The court says that’s not an affirmative promise to approve all such apps; plus, the contract reserved Apple’s right to decide in its sole discretion. 2021 WL 5936910 (N.D. That is not the kind of injury antitrust laws are intended to protect. Case citation : Coronavirus Reporter v.

Reporting 119

Reporting Law Contracts Advertising 119