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 130

Copyright Ownership Social Media Licensing 130

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract. The terms of ownership and remuneration vary between platforms.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Contracts Branding 57

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Licensing requires ownership of the designs, which calls into question who owns a costume—the costume designer or the production company who them?

Licensing 105

Licensing Contracts Designs Design 105

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

Traverse Legal Blog

APRIL 17, 2021

There are open auctions, limited auctions, various flavors of ownership for the NFT, and sales of both digital and non-digital assets. An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. Was that ownership transferred, and if so, to whom?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. There was no controversy as to whether Pasadena had an “ownership” interest in the relevant trademarks.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

MARCH 21, 2024

Amazon argued that “buy” didn’t mean perpetual ownership, and that it sufficiently disclosed the risk of losing access. Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” Buy” was also plausibly deceptive.

Licensing 114

Licensing Contracts Ownership Litigation 114

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., Clients retain 100% ownership of their digital assets. while acting otherwise—eventually invoking its ownership right over users’ collateral to justify liquidation of that collateral (e.g.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 113

Ownership IP Non-Fungible Tokens Technology 113

IP Law 360

NOVEMBER 3, 2021

Montgomery & Newcomb LLC is objecting to a Florida federal judge's recommendation against blocking a lawsuit filed by timeshare developer Wyndham Vacation Ownership Inc. against the firm for deceptive advertising and breach of contract.

Ownership 40

Ownership Law Contracts Advertising 40

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Challenged claim: DealMaker’s customers do not retain ownership over their own data. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

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

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. The advertising attempted to target timeshare owners (the target lists for mailers weren’t always accurate). One defendant was a law firm. Restrictions will apply.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 107

Social Media Ownership Business Branding 107

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

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. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

43(B)log

OCTOBER 26, 2021

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Wyndham Vacation Ownership, Inc.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. The Use of Smart Contracts.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

Nelligan Law

MARCH 6, 2023

Reading Time: 2 minutes Introduction One of the joys of home ownership is being able to modify and alter the structure, layout, and furnishings within your home. But what do you do if the renovation does not finish, or the work done is of worse quality than advertised? A contract can be implied, oral or written.

Law 52

Law Contracts Litigation Ownership 52

43(B)log

FEBRUARY 4, 2022

False advertising: Plaintiffs didn’t allege that Nobelle altered the merchandise in any way; “instead, the false statement arises from implication, from the fact that Nobelle is selling products that are not theirs to sell and, in the case of ‘The Line’ items, products it does not have the authority to sell.”

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” Allegedly, these statements, plus the use of the horses’ names as given by La Dolfina, constituted false advertising and false association.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Mandatory Review. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

JANUARY 12, 2024

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. Copyright and contract law that may restrict legally what the user may do with the “copies” that are now resident in the device RAM.

Copying 83

Copying Ownership Derivative Work Contracts 83

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 109

Contracts Privacy Social Media Advertising 109

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

Copyright Infringement 87

Copyright Infringement Contracts Ownership Copyright 87

SpicyIP

NOVEMBER 8, 2024

piece in 1993 titled Private Ownership of Public Image ( pdf ) provided a contrary point of view, in defense of use of the name/image and likeness of celebrities, for commercial purposes, however in a non-deceptive/defamatory way that does not harm the reputation of the celebrity or mis- appropriate/represent their goodwill.

Privacy 81

Privacy Personality Rights Public Domain Ownership 81

43(B)log

APRIL 3, 2024

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. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. Katpost on the ruling here.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “Defendant Kumar has made a claim of ownership of Plaintiff’s work and infringement by Plaintiff. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent.

Copyright Infringement 79

Copyright Infringement Contracts Ownership Copyright 79

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. These are the contract terms that are the most obvious to all the stakeholders in the influencer-marketing game.

Marketing 81

Marketing Marketing Branding Branding 81

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 118

Copyright IP Music Ownership 118

Intepat

DECEMBER 4, 2023

Some companies even use patents in their advertisements to project an innovative image to the public. The Ownership Dilemma In the realm of patents, it’s essential to differentiate between the inventor and the applicant, holder, or owner of the patent.

Patent 52

Patent Ownership Intellectual Property Invention 52

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 138

Music Contracts Reporting Government 138

43(B)log

JULY 20, 2022

Chiusa’s claims: willful copyright infringement; breach of the oral distribution agreement; trademark infringement, false advertising, trade dress/trade name infringement, and false designation of origin undre the Lanham Act; a Tennessee Consumer Protection Act claim; and conversion. There’s a similar copyright registration for this site.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89