JD Supra Law

MARCH 22, 2022

15, 2022) - Our Case of the Week, an appeal from the U.S. District Court for the Eastern District of Virginia, has something for everyone: questions of venue and statutory interpretation, invalidity and written descriptions, contracts and co-ownership of patents, and willfulness, injunctions, and royalty rates. Research Org.,

Ownership 52

Ownership Contracts Patent 52

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. A digital file (an artwork, a song, etc.),

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Intellectual Property Law Blog

FEBRUARY 28, 2024

Prior to Bayh-Dole, some federal agencies had patent policies which required grant recipients to give ownership of resulting patents to the government. Wading into contract law, the policy underlying the Bayh-Dole act, and the practical realities of Government-funded research, the Federal Circuit rejected USF’s argument.

Licensing 130

Licensing Invention Inventor Government 130

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. NFTs are governed by smart contracts, which divide ownership and limit transferability. iii] NFTs are limited to having a single owner.

Non-Fungible Tokens 97

Non-Fungible Tokens Copyright Intellectual Property Ownership 97

The IPKat

OCTOBER 25, 2023

Though the Royal Decree was adopted before the final transposition date for the DSM Directive (7th of June 2021) and before Belgium actually transposed the Directive in 2022, the preamble to the Royal Decree does cite the Directive as one of its sources. As such, it would be contrary to EU copyright directives.

Related Rights 130

Related Rights Art Journalism Government 130

The IPKat

JANUARY 27, 2023

In its last judgment of 2022, the Patents Court issued a decision in the case of Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat)). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. 1) The sale of business exception applies even when the transferor holds ownership in the transferee.

Ownership 98

Ownership Business Contracts Law 98

Kluwer Copyright Blog

DECEMBER 8, 2022

In August 2022, the European Commission’s Directorate-General for Research and Innovation published a study on EU copyright and related rights and access to and reuse of scientific publications, including open access. National copyright contract rules imposing limitations on the licensing of copyright in future works may obstruct OA mandates.

Copyright 105

Copyright Ownership Journalism Publishing 105

IPilogue

APRIL 20, 2022

On February 15, 2022, Spider-Man: No Way Home has hit $1.8 However, Marvel had no right to unilaterally retain Spider-Man’s copyright unless Sony decided to terminate the contract—which seemed unlikely to happen. Photo by Marjan Blan ( Unsplash ). billion at the box office, becoming the sixth-highest grossing movie of all time.

Contracts 105

Contracts Copyright Ownership Blogging 105

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

MAY 13, 2024

In addition, they committed contract breach under California law. This alleged behavior wasn’t well hidden either, as defendants allegedly promoted their abuse scheme on YouTube in a video blatantly titled: “2022 SEO 3 minutes to take top 1 google by Fake DMCA complaints”.

Contracts 124

Contracts Copying Copyright Ownership 124

The IPKat

APRIL 19, 2023

Ownership of every name periodically expires and, at that point, anyone may freely claim it on Namecoin by re-registering the expired name. The legal nature of an NFT In each NFT there is a non-fungible token created by the smart contract and an image (e.g., a jpeg) stored on the cloud. the jpeg) to which it is attached?

Non-Fungible Tokens 120

Non-Fungible Tokens Artwork Contracts Art 120

SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 126

Publishing Contracts Art Copyright 126

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

The IPKat

MARCH 14, 2024

The IPKat has received and is pleased to host the following guest contribution by Nkem Itanyi (University of Nigeria) on a recent dispute over copyright ownership of the movie, Shanty Town which premiered on Netflix in January 2023 and discussions over a sequel to the movie.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

Patently-O

JULY 22, 2022

However, the pair had not fully exited from their Sleep Number contract. May 11, 2022). The appellate panel agreed that Sleep Number had a fair chance of prevailing since the contract “clearly and unambiguously places the inventions described in the patent applications within” its scope. Young , 532 F. Young , 33 F.4th

Patent Prosecution 80

Patent Prosecution Patent Invention Patent Application 80

TorrentFreak

DECEMBER 4, 2023

The movie companies allege a breach of contract but note that due to the defendants’ alleged accounting deficiencies, they are unable to put an exact figure on the amount Hierl and his law firm failed to pay. Overall, Millennium believes that there is an enforceable contract and it’s owed $130,000 in collected settlements.

Settlement 121

Settlement Reporting Intellectual Property Contracts 121

The TTABlog

AUGUST 18, 2022

92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. TMRR conceived of a mortgage financing program that would be run by a Native American Tribe, and it contracted with the Paiute Indian Tribe of Utah (CBC) to implement and operate the program. In deciding the issue of ownership, the Board was guided by Lyons v.

Ownership 45

Ownership Registration Service Mark Contracts 45

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. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 98

Social Media Contracts Ownership Business 98

The IPKat

DECEMBER 5, 2022

Whilst a bit different from PatKat's stable Katfood of EPO case law, the recent decision from the Court of Appeal in G W Pharma v Otsuka ( [2022] EWCA Civ 1462 ) is nonetheless food for thought. During the collaboration term, both parties had the option to take ownership of any new drug candidates identified in the collaboration.

Patent 67

Patent Contracts Government Law 67

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. In relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights.

IP 93

IP Contracts Social Media Copying 93

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 111

Contracts Privacy Social Media Advertising 111

IPilogue

AUGUST 16, 2022

On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyright infringement action concerning images of singer-actress, Jennifer Lopez. 2022 FC 470: [link]. 2022 FC 470: [link]. Federal Court Dismisses Copyright Claim Due to Plaintiff’s Failure to Establish Ownership: [link].

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

SpicyIP

MAY 18, 2022

Feb 25, 2022. March 4, 2022. Feb 22, 2022. As is being argued in the Nike case, it may also be argued that virtual goods are nothing but a representation / proof of ownership of a physical product. TOMMY JEANS.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

FEBRUARY 12, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 62

Copyright Moral Rights Government Public Domain 62

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. From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 118

Copyright Art Licensing Contracts 118

Patently-O

FEBRUARY 22, 2023

33] And let’s not forget the elephant in the room, the USPTO, which, as the issuer of patents, has the right to ask for ownership information and the recordation of secured interests throughout the administrative process, particularly as it comes to the broad fee-setting and fee-paying authority it has over the patents it issues and reviews.

Litigation 126

Litigation Reporting Settlement Government 126

The IP Law Blog

MARCH 30, 2023

The UAIA was signed into law on December 29, 2022, and included in the U.S. The goal was to provide better access to the patent system for a number of potential participants, such as individual inventors, small businesses, and underrepresented innovators. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 98

Business Inventor Patent Licensing 98

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. case in 2002 to the Points Guy case in 2022. Eric’s Comments. Verio, Inc.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

LexBlog IP

MARCH 16, 2023

Introduction In the recent decision of the UK Patents Court in Oxford University Innovation v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) , the Court was asked to consider whether UK legislation protecting consumers from unfair contract terms applied to a contract made between Oxford University and a DPhil (doctorate) student.

IP 52

IP Contracts Invention Inventor 52

The IPKat

SEPTEMBER 5, 2022

A16Z is the most active and important economic VC in the crypto-sphere (as of August 31, 2022, A16Z has made 141 VC investments in the crypto sector for a value of USD 7,565,000,000; source: Coinstack Research ). Universal license - a set of NFT CC licenses under the name 'Can’t Be Evil'.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Mandatory Review.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Copyright Lately

MAY 6, 2022

NFTs were minted Money was advanced The underlying contracts Never got a glance Dreams of exploitation From Florida to France But no rights were acquired The kids don’t stand a chance. — “The Kids Don’t Stand a Chance, Aaron’s Version” ( with apologies to Vampire Weekend ). Definitely. You Own the NFT.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. On appeal, the Federal Circuit looked to the contract and its own prior precedent to conclude that a purchase agreement is a classic offer to sell. by Dennis Crouch. Venture (Fed.

Invention 83

Invention Contracts Licensing Inventor 83

LexBlog IP

JANUARY 26, 2022

The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms. As of January 2022, the Instagram account had over a million followers (@misshayleypaige). ” In this instance, the contracts between the parties seemed pretty clear that Ms.

Social Media 52

Social Media Ownership Contracts Intellectual Property 52

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92