Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 80

Social Media Ownership Designs Design 80

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. CTA defines a beneficial owner as an individual who, directly or indirectly, either (1) exercises substantial control over a Reporting Company or (2) owns or controls at least 25% of the ownership interests of a Reporting Company. What is Considered an Ownership Interest?

Business 52

Business Ownership Reporting Registration 52

LexBlog IP

DECEMBER 21, 2023

Seyfarth Synopsis : Ever since the New York State Legislature passed legislation to prohibit non-compete clauses in employment contracts in June 2023, the bill has languished awaiting Governor Hochul’s signature. ” However, the bill carves out from coverage “highly compensated individuals.”

Contracts 52

Contracts Business Ownership Law 52

Trading Secrets

DECEMBER 21, 2023

Seyfarth Synopsis : Ever since the New York State Legislature passed legislation to prohibit non-compete clauses in employment contracts in June 2023, the bill has languished awaiting Governor Hochul’s signature. It voids “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind.”

Contracts 52

Contracts Business Ownership Law 52

43(B)log

APRIL 3, 2024

4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc.

False Advertising 45

False Advertising Contracts Business Advertising 45

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). For now, not much will change from a legislative perspective.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

LexBlog IP

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 52

Licensing Invention Government Inventor 52

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 9, 2024

This will give recognition to those persons and provide them with ownership rights for that intellectual activity. That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems. These rights are crucial for the development of innovation and intellectual creation.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

CoCal IP Law Institute

APRIL 11, 2024

Please join us Monday, April 15, 2024 at noon where we will discuss Federal Rule of Civil Procedure 68 (Rule 68) and the "open question" of whether post-offer attorney’s fees are part of the recoverable "costs" for a defendant, in particular, in copyright cases. I think defendants should be able to use the Rule 68 [.]

Copyright Law 40

Copyright Law Copyright Law Ownership 40

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. The distinction here appears to be technical in nature, driven by property and contract law.

Licensing 54

Licensing Patent Ownership Patent Infringement 54

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 128

Copyright Ownership Social Media Licensing 128

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 75

Copying Ownership Derivative Work Contracts 75

Trading Secrets

DECEMBER 19, 2023

View the Recording – CLE Credit for this recording expires on January 11, 2024. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

View the Recording – CLE Credit for this recording expires on January 11, 2024. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

IP and Legal Filings

FEBRUARY 7, 2023

According to a Bloomberg Intelligence report [2] , the worldwide revenue opportunity from the metaverse is predicted to hit $800 billion in 2024, up from the estimated $500 billion in revenue generated by the metaverse in 2020. In contrast, NFTs and brands in the metaverse bring unique ownership considerations.

Trademark 91

Trademark Non-Fungible Tokens Branding Brands 91

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 116

IP Copyright Trademark Intellectual Property 116