The IPKat

DECEMBER 13, 2022

This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated.

Copyright 120

Copyright IP Music Ownership 120

Nelligan Law

JULY 29, 2022

Reading Time: 2 minutes Deemed Infectious Diseases Emergency Leave (IDEL) is set to expire on July 30, 2022 – Here’s why employers and employees should be paying attention. Each of these steps should be taken carefully and with consideration for the effects on the employee and employment contract.

Contracts 98

Contracts Blogging Government Law 98

JD Supra Law

JANUARY 15, 2024

This post summarizes a newly published draft regulation (“Draft Regulation”) that, if passed, will amend the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in certain key areas, such as commercial contract drafting and the use of English-language trademarks.

Contracts 74

Contracts Trademark Business Publishing 74

43(B)log

FEBRUARY 22, 2022

Request for Submissions Harvard/Yale/Stanford Junior Faculty Forum June 9-10, 2022, Harvard Law School Harvard, Yale, and Stanford Law Schools are soliciting submissions for the 22nd session of the Harvard/Yale/Stanford Junior Faculty Forum, to be held at Harvard Law School on June 9-10, 2022.

Intellectual Property 111

Intellectual Property Law Contracts Litigation 111

Technology & Marketing Law Blog

DECEMBER 27, 2022

30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. What If Holdings, 2022 WL 17869275 (N.D. 2022 WL 3012528 (C.D.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

OCTOBER 8, 2022

Before 2022, courts usually enforced the former strategy while requiring some evidence of actual or constructive notice to enforce the latter. 2022 WL 2673080 (N.D. 2022 WL 2673080 (N.D. 2022 WL 4112360 (N.D. Thayer , 2022 WL 4290310 (D. In 2022, plaintiff sued defendant for breach of contract, among other things.

Marketing 137

Marketing Marketing Contracts Business 137

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 98

Contracts Law Reporting Blogging 98

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

IPilogue

SEPTEMBER 27, 2021

First proposed in 2013 , the UPC is an agreement among 24 countries to create a single expert patent court to assess patent filings from all contracting European states. With Germany’s recent ratification, the UPC hopes to initiate its operations in mid-2022. This means that the UPC could enforce rulings on over 300 million people.

Inventor 111

Inventor Patent Litigation Contracts 111

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. 2022 WL 839409 (N.Y.

Contracts 139

Contracts Television Blogging Publishing 139

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 138

Social Media Contracts Advertising Advertising 138

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 133

Contracts Publishing Licensing Editing 133

JD Supra Law

NOVEMBER 28, 2023

Since the public release of ChatGPT in November 2022, generative artificial intelligence (GenAI) has quickly emerged as a potentially transformative technology.

Contracts 123

Contracts Marketing Marketing Technology 123

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. 2022 WL 1240860 (N.D. April 27, 2022). & Prof.

Contracts 128

Contracts Advertising Advertising Publishing 128

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 125

Contracts Registration Designs Design 125

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

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. 2022 WL 2106077 (M.D. June 10, 2022). Specifically, the complaint doesn’t say “who at Cognizant should have warned Plaintiffs or precisely when and where they should have been warned.” ” Nor does OSHA.

Contracts 131

Contracts Blogging Business Technology 131

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey , 2022 WL 2820107 (N.D. July 19, 2022). . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” ” Cites to Roommates.com and Barnes v.

Contracts 116

Contracts Publishing Blogging Marketing 116

IPilogue

JANUARY 11, 2022

He taught for three years out of the four-year course: contract, trusts and industrial relations. He did a lot there, including teaching a class of evening students which included a brilliant patent agent, Richard Lloyd and me, a Bar student. He did not just teach me the law – he taught me to think like a lawyer.

Intellectual Property 105

Intellectual Property Editing Intellectual Property Law IP 105

Kluwer Copyright Blog

JANUARY 9, 2023

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons.

Copyright 94

Copyright Blogging Fair Use Reporting 94

TorrentFreak

MAY 11, 2023

For the sole defendant in yet another Bungie lawsuit, filed at exactly the same court in 2022, these headlines should make for uncomfortable reading. Twitch Streamer Feels The Heat In its July 2022 complaint , Bungie targeted a Twitch user who reportedly live streamed himself cheating in Destiny 2 while evading multiple bans.

Derivative Work 143

Derivative Work Contracts Copyright Infringement Licensing 143

TorrentFreak

DECEMBER 21, 2022

Early January 2022, Activision filed a lawsuit against cheat makers EngineOwning UG and CMN Holdings S.A Early January 2022, Activision filed a lawsuit against cheat makers EngineOwning UG and CMN Holdings S.A The order applies only to the defendants listed in the order dated December 19, 2022.

Social Media 145

Social Media Contracts Copyright Infringement Copyright 145

Patently-O

MARCH 7, 2022

” In re Waste Management Data Breach Litigation , 21CV6147 (DLC), 2022 WL 561734, at *6 (S.D.N.Y. 24, 2022) [ WasteManagementDismissal ]. 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

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 64

Contracts Music Government Reporting 64

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

Plagiarism Today

JANUARY 5, 2023

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. That has been further compounded by the release of ChatGPT in November 2022. Can detect essay mill and other forms of contract cheating. The issue is simple. Advantages: .

Plagiarism 233

Plagiarism Editing Contracts Technology 233

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

According to the complaint, in early 2022, Andretti Global hired the Plaintiff and the Defendants to design and construct a racing facility in Fishers, IN. The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 145

Contracts Publishing Law Government 145

IP and Legal Filings

APRIL 29, 2024

These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits. These contracts are typically signed for a specific period, and the terms may vary depending on the sport and the athlete’s performance.

Law 102

Law Contracts Government Art 102

Plagiarism Today

MARCH 22, 2022

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

Plagiarism 241

Plagiarism Contracts Law 241

The IPKat

APRIL 5, 2023

Andrew Lykiardopoulous KC and Henry Edwards of 8 New Square presented the patent case highlights of 2022 in the form of a delayed Christmas menu, ranging from Neo crackers to Optis turkey with secret sauce. There were 17 Patents Court judgments in 2022, eight of which were written by Meade J.

Reporting 73

Reporting Patent Patent Infringement Technology 73

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). ” Products Liability. An online videogame isn’t a “product.” Implications. Case citation : Quinteros v.

Contracts 122

Contracts Advertising Advertising Confidentiality 122

Technology & Marketing Law Blog

FEBRUARY 9, 2022

The court thus finds that the assets lost by the plaintiff were not kept in an “Account” The court rejects the breach of contract claim for any losses which hinge on the status of the “Account” as one subject to U.S. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 111

Contracts Government Marketing Marketing 111

Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” April 20, 2022). Also, Facebook’s TOS waives special damages. Peculiar Value. The “value of the photos is personal in nature,” not economic. Case citation : King v.

Copying 126

Copying Contracts Blogging Law 126

IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. The claimant then sued the defendant for an “equitable proprietary claim” over the Bored Ape NFT, conversion, breach of contract, and unjust enrichment.

Non-Fungible Tokens 117

Non-Fungible Tokens Contracts Advertising Advertising 117

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