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

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. Through a bipartisan effort, the U.S.

Business 98

Business Inventor Patent Licensing 98

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 138

Music Contracts Reporting Marketing 138

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.

Contracts 106

Contracts Privacy Social Media Advertising 106

JIPEL Copyright Blog

APRIL 15, 2022

For example, during a 6-month stretch in 2021, Hipgnosis Songs Fund spent ~$670 million on the rights to over 44,000 songs. Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss.

Music 52

Music Litigation Copyright Ownership 52

LexBlog IP

AUGUST 14, 2023

On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA”) as part of the Anti-Money Laundering Act of 2020 in the National Defense Authorization Act for Fiscal Year 2021. What is Considered an Ownership Interest? sourced revenue, and a physical operating presence in the U.S.;

Business 52

Business Ownership Reporting Registration 52

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. By: Joshua Durham. With an astounding $17.7

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. Maryland enacted a social media privacy law in 2021.

Social Media 82

Social Media Contracts Ownership Business 82

IPilogue

OCTOBER 7, 2022

ARRs formed part of the Liberal Party’s re-election platform in 2021, but have been central to artist rights advocacy for many years according to CARFAC – the Canadian Artists Representation / Le Front des artistes canadiens – a non-profit organization of professional visual artists. Not all Canadian galleries oppose ARRs.

Art 105

Art Moral Rights Artwork Editing 105

Kluwer Copyright Blog

JANUARY 31, 2022

On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them. Garrix had entered into a record production contract with the label at a very young age.

Music 106

Music Editing Contracts Intellectual Property Law 106

LexBlog IP

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. Through a bipartisan effort, the U.S.

Business 52

Business Inventor Patent Licensing 52

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. 2021 WL 1531172 at 6 (N.D. April 19, 2021). Eric’s Comments. ” hiQ Labs Inc. LinkedIn Corp.,

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

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. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 115

Copyright Art Licensing Contracts 115

IIPRD

JUNE 21, 2021

[i] Since then multitudes of different crypto currencies coming into existence, 10,295 different crypto currencies to be precise according to market cap and this number is still bound to increase. [ii] This move wreaked havoc in the market leading prices to fall due to people selling their holding in India.

IP 40

IP Ownership Intellectual Property Marketing 40

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." 2021 USPQ2d 831, at *18 (TTAB 2021).

Ownership 52

Ownership Registration Trademark Contracts 52

LexBlog IP

OCTOBER 1, 2022

and Papa Texas LLC – entered into a development deal with Papa John’s and began acquiring pizza franchises in early 2021. The Papa Texas affiliate was owned by Mr. Perales, and he began actively promoting his ownership of CiCis and Papa John’s franchises shortly thereafter.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

SpicyIP

MAY 18, 2022

Dec 21, 2021. Dec 15, 2021. Since this is a nascent market, the earlier a name is registered and the more effort trademark holders put into educating the public about selection, endorsement and sponsorship functions (e.g. If not for these efforts, the virtual goods market has the potential to be very competitive.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 6, 2021

Google’s ISPs were obligated under their contract with Google to provide “‘[r]emote assistance services,’ which ‘involve[d] basic maintenance activities’ … if requested by Google.” On September 27, 2021, magistrate judge Roy Payne recommended in CA, Inc. Netflix, Inc.

Blogging 118

Blogging Business Litigation Ownership 118

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 90

Licensing Copyright Contracts Advertising 90

The IPKat

JANUARY 18, 2022

The Decision The order commented on here, issued by the Court of Milan on 19 October 2021 in a precautionary procedure, is rather simple but interesting and explanatory. According to the application for interim measures, the IPZS urgently needed to award the contract, but it had reason to fear that a company, Centro Grafico DG s.p.a.

Intellectual Property 70

Intellectual Property Marketing Marketing Public Domain 70

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

While arguments exist that infringement of trademarks in connection with virtual goods and services should be covered by the “natural zone of expansion” doctrine, best practice would be to file applications for important brands for virtual versions of the brand’s goods or services and to ensure enforcement efforts cover this new market.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

IP and Legal Filings

NOVEMBER 30, 2022

Ownership of intellectual property (IP) used as collateral often belongs to the borrower. In 2021, the creative economy produced 6.98 The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or. Other valuation approaches.

IP 52

IP Intellectual Property Business Government 52

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. 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. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 64

Copyright Infringement Copyright Confidentiality Copying 64

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. 2021 WL 5893161 (S.D.

Registration 113

Registration Fair Use Copyright Designs 113

LexBlog IP

AUGUST 13, 2021

In an unprecedented holding on July 12, 2021, the Commercial Division of the New York State Supreme Court, County of New York, applied the prejudgment rule in favor of the rightful owners of two Egon Schiele paintings. The wrongdoer does not get the benefit from fluctuations in the market. ” [2]. ” [2]. ” [13].

Artwork 52

Artwork Art Reporting Ownership 52

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization. One such event is the “Blockchain Whitepaper for IP Ecosystems,” held in 2021.

IP 52

IP Intellectual Property Ownership Contracts 52

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

IPilogue

MARCH 1, 2022

K: “I have had difficulty understanding longer contracts, especially when I was first starting out. I can only imagine the time it takes to catch these and comment to claim ownership and promote the book in which these graphics are published. What about with larger brands (i.e., She has amassed over 99.2k

Social Media 106

Social Media IP Business Branding 106

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 136

IP Intellectual Property Copyright Trademark 136

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 81

Non-Fungible Tokens Copyright Intellectual Property Ownership 81

Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. Patents enable the establishment of a strong market presence and revenue generation through licensing as well.

Patent 52

Patent Ownership Intellectual Property Invention 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. Teva , 7 F.4th 4th 1320 ( Fed. City of Omaha , 230 U.S.

Licensing 56

Licensing Technology Patent Patent Infringement 56

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. January 2021. rituximab-arrx.

Litigation 52

Litigation Settlement Marketing Marketing 52

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] Depending on what rights or ownership a particular NFT transfers, it conceivably could qualify as any of various specific financial instruments listed in the Securities Act definition. [7]

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

Patently-O

FEBRUARY 22, 2023

12] Industry reports show new investments pouring fastest into patent infringement litigation; new deal commitments for TPLF saw an increase of 61%; and patent litigation accounted for 29% of all new commitments by TPLFs in 2021. [13] Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124