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

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

Velocity of Content

DECEMBER 2, 2021

It is a: … “Subway” Market Map showing the universe of software and services companies supporting the publishing industry and their capabilities across up to 14 process areas. Many publishing specific technology companies provide support across multiple functional areas within their target markets.

Publishing 98

Publishing Reporting Technology Marketing 98

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). 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 126

Contracts Blogging Litigation Marketing 126

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Breach of Contract. 2021 WL 5936910 (N.D. Case citation : Coronavirus Reporter v. Apple, Inc.

Reporting 119

Reporting Law Contracts Advertising 119

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

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. Cognizant appeared first on Technology & Marketing Law Blog. Cognizant has since exited the field).

Contracts 131

Contracts Blogging Business Technology 131

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

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

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

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139

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

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

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

Technology & Marketing Law Blog

MAY 30, 2024

In September 2021, when YouTube terminated Mercola’s account, it was reasonable (even if incorrect) to consider “anti-vaccine” postings to be harmful to the public. YouTube appeared first on Technology & Marketing Law Blog. Google LLC , No. 23-2608 (9th Cir.

Contracts 98

Contracts Blogging Marketing Marketing 98

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 98

Contracts Design Designs Publishing 98

43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

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

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 98

Contracts Blogging Registration Law 98

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

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

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. Back in November 2021, copyright non-repudiation service Safe Creative announced a new system that would affix copyright information to NFTs. Finding a Use.

Copyright 245

Copyright Non-Fungible Tokens Technology Plagiarism 245

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. Remuneration of authors under French copyright law before the 2021 Order. If the exploitation of the work is financially more successful than envisaged, Article L.131-5

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. The court appears influenced by the fact that Philpot allows his photos to be used freely, and thus there is no market for his photographs.

Fair Use 143

Fair Use Journalism Licensing Marketing 143

Technology & Marketing Law Blog

FEBRUARY 27, 2022

This strategy is similar to the strategy employed by hidden-city flight broker Skiplagged in its dispute with Southwest Airlines in 2021. 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. Breach of Contract 2.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 98

Contracts Blogging Litigation Licensing 98

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof. Unconscionability.

Contracts 111

Contracts Privacy Social Media Advertising 111

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.

Confidentiality 69

Confidentiality Law Contracts Business 69

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. Kiwi appeared first on Technology & Marketing Law Blog. Case citation : Southwest Airlines Co. Kiwi.com , 3:21-cv-00098-E (N.D.

Cease and Desist 122

Cease and Desist Contracts Trademark Blogging 122

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

The IPKat

NOVEMBER 26, 2021

Bill has now been published , proposing new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. After reviewing more than 300 pieces of evidence, the Select Committee published its recommendations in July 2021. Equitable remuneration for streaming: Who is entitled and who pays?

Copyright 98

Copyright Music Contracts Publishing 98

Technology & Marketing Law Blog

JULY 9, 2022

2021 WL 4927417 (Tex. Again, were the claim otherwise viable here, Apple’s liability would be premised on its participation in marketing and distributing an illegal gambling device. Wohl, 2021 U.S. TripAdvisor LLC, 2021 WL 6237376 (Mass. Lei, 2021 U.S. Prior blog post. Thibodeaux v. LEXIS 177589 (S.D.N.Y.

Advertising 131

Advertising Advertising Publishing Blogging 131

43(B)log

AUGUST 16, 2021

2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants. Timeshare Lawyers P.A.,

False Advertising 72

False Advertising Advertising Advertising Contracts 72

SpicyIP

AUGUST 22, 2021

This it did by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products. A prima facie case was made out and thereby an interim injunction was granted to the Plaintiff on 30 th April, 2021. The Defendant Sun Pharmaceuticals Industries Ltd. Background of the Suit.

Marketing 139

Marketing Marketing Trademark Registering Trademarks 139

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

TorrentFreak

OCTOBER 27, 2024

“Operation 404 is a model for effective and efficient criminal enforcement measures against piracy sites and services and should be replicated by other markets within the Western Hemisphere,” MPA writes. After all, the contract is not linked to an address like it works with cable TV,” Grigolo explained.

Contracts 118

Contracts Government Reporting Copying 118