LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. I can see the appeal of this question, as it is fundamentally interesting and futuristic.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 78

Related Rights Publishing Licensing Contracts 78

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property IP Litigation 60

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 80

Litigation Law Patent Invention 80

IP Watchdog

NOVEMBER 16, 2021

In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability.

Contracts 68

Contracts Licensing Technology Law 68

IPilogue

JUNE 14, 2022

This article was written as a requirement for Prof. Shamrock Investments, who acquired Swift’s master recordings from Ithaca in 2020, are in an increasingly tenuous position: Swift has precluded them from licensing to ad agencies, films, and tv shows, and where they do license, Swift receives royalties in those cases.

Music 120

Music Contracts Licensing Ownership 120

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

The IPKat

FEBRUARY 3, 2023

On the other hand, the debate around TDM has not developed in a context devoid of licensing practices, at least in Europe. It is evident that the eventual scope of Section 29A owed to the possibilities and constraints under Article 5(3)(a) of the InfoSoc Directive.

Government 141

Government Related Rights Copyright Law 141

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 81

Blogging Copyright Contracts Cease and Desist 81

Traverse Legal Blog

FEBRUARY 1, 2023

Summary: (full article below) The first issue that AI companies need to address early is that they are operating in a SaaS environment. AI companies typically do not provide a license to download or use their software. Users don’t need a license since they don’t download the AI engine, database, or software.

Contracts 52

Contracts Licensing IP Copyright 52

Patently-O

JULY 7, 2022

While the reissued opinion continues to uphold the district court’s dismissal of the suit, it also eliminates the entirety of the Circuit’s earlier dicta concerning the nature of FRAND commitments and Article III standing, dicta that was heavily criticized by amici curiae. Avanci’s licensing rate for automotive 4G SEPs is $15 per vehicle.

Licensing 87

Licensing Contracts Patent Law 87

IPilogue

JANUARY 11, 2023

This article was written as a requirement for Prof. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School.

Journalism 80

Journalism Privacy Contracts IP 80

IP and Legal Filings

JULY 16, 2024

According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.” In another scenario a party receiving confidential information would be obligated to keep information confidential even when there was or there was no existing contract.

Confidentiality 71

Confidentiality Contracts Intellectual Property Business 71

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. Cite to IC v.

Contracts 125

Contracts Publishing Licensing Editing 125

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

It ran Facebook self-service ads and participated in Facebook’s “instant articles” program that let Facebook embed ads in its content in exchange for a revenue cut. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term.

Contracts 94

Contracts Social Media Advertising Advertising 94

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 85

Contracts Privacy Blogging Litigation 85

IP.com

AUGUST 19, 2024

This article outlines a holistic approach to developing an IP strategy that aligns with all facets of a business. Employment Agreements: Ensure that employment contracts include IP clauses that clarify the ownership of inventions created during employment. Valuation of IP Assets: Regularly assess the value of your IP portfolio.

IP 52

IP Branding Brands Branding 52

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 78

Copyright Music Contracts Settlement 78

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager advanced four claims: California Constitution article 1, section 2 (free speech); Unruh Act violations; UCL; and breach of the implied covenant of good faith and fair dealing. Prager tried a variety of contract-based workarounds to Section 230. YouTube defended on Section 230 and other grounds.

Contracts 138

Contracts Publishing Law Government 138

SpicyIP

FEBRUARY 17, 2023

They argued that the Plaintiffs were required to pay royalty and other consideration under the assignment agreements to the authors in exchange for “ exclusive right to publish and distribute the articles ”. For articles published under the subscription model, the authors typically transfer copyright to Elsevier.”

Copyright 85

Copyright Ownership Publishing Copyright Infringement 85

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 106

Contracts Privacy Social Media Advertising 106

Technology & Marketing Law Blog

AUGUST 29, 2022

Books and Academic Articles. I posted a chapter from the book: Online Contracts. I have a backlog of mostly-completed articles that are not posted yet: Zauderer and Editorial Transparency Laws. Other Articles and Advocacy. Wouldn’t It Be Great if Internet Services Had To License Technologies Selected by Hollywood?

Editing 90

Editing Social Media Blogging Advertising 90

Kashishipr

FEBRUARY 2, 2022

In this article, we will be making ourselves familiar with the top five IP challenges faced by business firms and organizations, along with efficient ways of resolving them. Fringe patents are usually irrelevant to a company’s product line and could, therefore, be licensed, pruned, or abandoned. Coming Up With Valuable IP Assets.

Branding 98

Branding Brands Branding Business 98

The IP Law Blog

MAY 4, 2023

This article does not address the other antitrust and state law claims also at issue in the 91-page opinion.)The In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 90

Licensing Copyright Contracts Advertising 90

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. To that end, those with potential matters before these courts should educate themselves on the intricacies of this new avenue for Texas commercial litigation.

Business 52

Business Contracts Government Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IP Watchdog

FEBRUARY 4, 2022

7,071,441 (‘441 patent), for which Plasmacam has an exclusive license. On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S.

Settlement 114

Settlement Licensing Designs Design 114

LexBlog IP

NOVEMBER 28, 2023

All meme-like images in this article are properly licensed. Rather than asking a business to take down an infringing meme, companies and creators often demand tens of thousands of dollars to settle the issue through a retrospective license to use the meme content. Yes and no. What about meme generators? Grumpy Cat Limited v.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. When Gassée saw the software, he was enraged but didn’t want a lawsuit, so he ended up agreeing to license the interface. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

LexBlog IP

JULY 5, 2023

In 2006, Hetronic entered distribution and licensing agreements with Hydronic Steuersysteme GmbH (later purchased by Abitron Austria GmbH). In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. and abroad. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

The IP Law Blog

MARCH 2, 2021

Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? But we believe the decision is unlikely to have much of a practical effect on trademark litigation other than in situations substantially similar to Romag.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP Watchdog

NOVEMBER 6, 2022

But in a separate precedential ruling, the CAFC said Uniloc’s non-exclusive license with Fortress Credit Co, LLC was terminated by agreement prior to Uniloc’s patent suits against Google, eliminating Fortress’ ability to sublicense the patents-in-suit and maintaining standing for Uniloc. Uniloc Luxembourg, S.A.

Patent Infringement 74

Patent Infringement Licensing Patent Contracts 74

Velocity of Content

JANUARY 31, 2023

This article was originally published in The Scholarly Kitchen. I have had people tell me with doctrinal certainty that Creative Commons licenses allow text and data mining, and insofar as license terms are observed, I agree. An analogous situation involving open software licenses (GNU and the like) is now being litigated.

Licensing 98

Licensing Fair Use Journalism Publishing 98

Kluwer Copyright Blog

JUNE 27, 2023

2-g: the Portuguese transposition did not opt for any licensing carve-out nor any fair compensation schemes. Beyond the obligations imposed by Articles 3-6 CDSM Directive, the Decree-Law also adjusts the Portuguese legal framework on copyright exceptions in light of Articles. 15 and 17 CDSM Directive. 2-x Copyright Code.

Art 101

Art Contracts Publishing Licensing 101

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124