The IPKat

DECEMBER 14, 2023

This Africa IP Highlights 2023 is the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Intel Corp. , 4th 1332 (Fed.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 145

Contracts Blogging Technology Law 145

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

Indiana Intellectual Property Law

SEPTEMBER 22, 2023

The parties then entered into a Design-Build Contract , which included financial terms, budgets, building plans, completion dates, etc. The Plaintiffs also claim that the contract granted Cardinal a limited, irrevocable, and nonexclusive license to use the drawings, specifications, calculations, etc. Continue reading

Copyright Infringement 98

Copyright Infringement Cease and Desist Copyright Contracts 98

Technology & Marketing Law Blog

AUGUST 31, 2023

. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.” Contract Breach. 2023 WL 5493823 (N.D.

Contracts 124

Contracts Social Media Blogging Publishing 124

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. However, OpenAI then states that it ‘[feels] that it’s important we contribute to the development of a broadly beneficial social contract for content in the AI age.’

Contracts 84

Contracts Copyright Publishing Business 84

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. Port forwarding is allowed (update May 2023, it is now disabled ).

Privacy 140

Privacy IP Technology Reporting 140

BYU Copyright Blog

JANUARY 27, 2025

The Professors filed an Amended Complaint in early 2023, and after motion practice by both parties, the court issued its Decision and Order , once again siding with DYouville. In its opinion, the court emphasized that copyright licenses are interpreted according to principles of contract law.

Settlement 52

Settlement Contracts Derivative Work Litigation 52

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. 2023 WL 3449131 at *1 (N.D. May 11, 2023). The court also held that plaintiffs were permitted to proceed pseudonymously. Complaint at 2. GitHub, Inc.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 75

Contracts Licensing Business Blogging 75

43(B)log

OCTOBER 18, 2024

Although the court dismissed a contract claim, copyright and false advertising claims survived. Eventually, in 2023, the trademark owners of the St. Estoppel/license defenses were also premature, and the complaint satisfied the discovery rule on its face for statute of limitations purposes. Andrews and various PGA Tour courses.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 145

Privacy Law Contracts Designs 145

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 105

Contracts Copying Technology Licensing 105

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! The end of the year was busy for both the courts and the policy makers.

Copyright Law 78

Copyright Law Law Copyright Reporting 78

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. A little time spent researching whether the vendor has negative claims with the Better Business Bureau, has licensing issues, generally has satisfied customers, whether any lawsuits are pending, etc.,

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

SEPTEMBER 7, 2023

On September 1, 2023, Gervon Dexter Sr., a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. Dexter was subsequently drafted by the Chicago Bears in the second round of the April 2023 NFL Draft.

Contracts 52

Contracts Law Business Licensing 52

The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. A small entity is defined under 37 CFR § 1.27

Business 98

Business Inventor Patent Licensing 98

Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. 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. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

Kluwer Copyright Blog

JUNE 27, 2023

The belated Portuguese transposition of the CDSM Directive was finally published in the Portuguese Official Journal (Diário da República) on the 19th of June 2023. 2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. 19 CDSM Directive. º-B and 74.º-D º-D of the Copyright Code.

Art 105

Art Contracts Publishing Licensing 105

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. Pre-existing Bulgarian provision The SPR is not an entirely novel concept to Bulgarian copyright law. of the Directive.

Publishing 132

Publishing Contracts Art Copyright 132

LexBlog IP

DECEMBER 20, 2023

In an opinion issued December 4, 2023, the U.S. Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”).

Licensing 52

Licensing Contracts Litigation Technology 52

Technology & Marketing Law Blog

JULY 14, 2023

The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube. Google LLC , 2023 WL 4372701 (N.D.

Contracts 98

Contracts Blogging Litigation Licensing 98

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. 2023 WL 5749258 (N.D. 6, 2023) The post Facebook Can Reject Unwanted Ads–Newton v. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped). Case citation : Newton v. Meta Platforms, Inc.

Contracts 105

Contracts Marketing Marketing Publishing 105

SpicyIP

JUNE 14, 2023

Harper Collins Publishers Rahul Bajaj In a significant judgment delivered on 23 rd May, 2023 [ RDB v. The third proviso deals with work made in the course of the author‘s employment under a contract of service or apprenticeship. At the highest, it was a contract for service, in which a service is provided in exchange for compensation.

Publishing 98

Publishing Ownership Licensing Contracts 98

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. licenses for specific uses). 7(1) and art. 17(7) CDSM Directive.

Copyright 126

Copyright Art Licensing Contracts 126

IIPRD

MARCH 13, 2025

Trade Secrets Trade secret is the information that is confidential, commercially valuable, known to limited persons and is actively kept secret from the public, and which may be sold or licensed. Examples include the Coca-Cola recipe, Google Search algorithm, etc.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

OCTOBER 8, 2023

Breach of Contract/Warranty The court says the breach of contract/warranty claim is just an attempt to work around 230. Add this to the growing stack of precedent that there isn’t a breach of contract workaround to Section 230. * * * Still, what about that uncited 9th Circuit Homeaway Section 230 case? Miller , 2023 U.S.

Contracts 98

Contracts Publishing Marketing Marketing 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

TorrentFreak

MARCH 24, 2025

The dispute still isn’t settled, but after DAZN reportedly paid an estimated 70 million in licensing fees owed for February alone, one aspect of the current crisis was at least kicked a little further down the road. It has been unable to secure a long-term broadcasting contract to guarantee its financial stability.

Advertising 62

Advertising Advertising Marketing Marketing 62

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

The IPKat

FEBRUARY 3, 2023

Events 24 February 2023: “What Does My Claim Cover?” Intended and Unintended Consequences of Amendments During Prosecution and Post-Grant Proceedings", in Munich, on 24 February 2023. The seminar will take place in Paris and online, on 16 and 17 March 2023 and entirely in English. Click here and here to know more.

Intellectual Property 69

Intellectual Property Intellectual Property Law Contracts IP 69