Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Forge of Empires appeared first on Technology & Marketing Law Blog. The court says Section 230 preempts most of those claims. . ” Products Liability. Implications.

Contracts 122

Contracts Advertising Advertising Confidentiality 122

LexBlog IP

DECEMBER 2, 2021

Shi then left Elation to start a business marketing “similar, if not identical software” using replicated source code. A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. ’” (Quoting Sweet v.

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

Trading Secrets

MAY 9, 2022

In the third installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Justin Beyer and Ian Long discussed employee mobility and its impact on trade secrets and non-compete agreements, and shared practical steps that companies can take to protect intellectual capital in today’s market.

Confidentiality 78

Confidentiality Contracts Marketing Marketing 78

Kashishipr

JANUARY 27, 2022

For maintaining a competitive edge in the market, businesses need to keep innovating. In legal terms, it is a contract signed amongst at least two parties looking forward to detailing confidential knowledge, clauses, statements, or any information they wish to restrict from access by third parties.

Business 105

Business Confidentiality IP Intellectual Property 105

The IPKat

JANUARY 31, 2023

In the consequentials hearing judgment [2023] EWHC 138 , the Judge dealt with (1) royalty payments; (2) costs; (3) confidentiality; and (4) permission to appeal. Of the most interesting to this Kat was the treatment of costs (well, some of them), confidentiality and permission to appeal. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Indiana Intellectual Property Law

OCTOBER 5, 2022

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. During her employment, Journay was promoted to Marketing Manager. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance.

Marketing 52

Marketing Marketing Confidentiality Government 52

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. The court disagreed.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Kashishipr

FEBRUARY 23, 2022

Other than product sales data, component prices, customer details & records, market statistics, or supply chain info, a company owns commercially sensitive and confidential electronic pieces of information such as CAD drawings. There is an increasing value in the massive volumes of data accumulated over time in a company or firm.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

JD Supra Law

JANUARY 17, 2022

Join Us for Protecting Trade Secrets & Gaining a Competitive Edge in the Digital Age - Sophisticated Strategies to Protect Critical Assets When Key Employees Depart & Business Relationships Break Down - The protection of trade secrets by contract, including non-competes and confidentiality provisions, is under attack around the country.

Confidentiality 52

Confidentiality Marketing Marketing Contracts 52

Trading Secrets

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. Shortly thereafter, he became a Senior Vice President of Marketing at Downeast.

Confidentiality 59

Confidentiality Marketing Marketing Contracts 59

TorrentFreak

AUGUST 21, 2021

In October 2020, a confidential settlement was reached, which included a clause for Tusa not to create or be involved in any other similar services. They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. It later disappeared.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

IP and Legal Filings

MARCH 9, 2022

The protection of the trade secrets (the specific and confidential information about the production of the company and give the business a competitive advantage in the industry) can be legalized under major sub pars including: Patents – the protection comes with time strain. Unlike patents, trademark protection is held indefinitely.

Ownership 97

Ownership Copyright Trademark Contracts 97

IP and Legal Filings

JUNE 16, 2021

In case federal law permits the registration of trade secrets and confidential information, it must be registered as in the case of the United States. The business must establish itself as a brand which must be in a sense which can provide the distinctive nature of the business in the market.

IP 98

IP Ownership Registration Licensing 98

IP and Legal Filings

NOVEMBER 6, 2022

It supports the numerous stakeholders who are engaged behind and in front of the scenes, it enables producers to get the funding required to launch production or marketing campaigns, and encourages technology advancements that push the bounds of creativity and make them possible.[1]. Image Source:iStock]. Intellectual Property Ownership.

Ownership 52

Ownership Intellectual Property IP Contracts 52

LexBlog IP

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. Shortly thereafter, he became a Senior Vice President of Marketing at Downeast.

Confidentiality 52

Confidentiality Marketing Marketing Contracts 52

Trading Secrets

FEBRUARY 27, 2024

An employee had an agreement with a company that placed restrictions on the employee’s ability to solicit or accept business from the company’s customers, to disclose confidential information, and to have competitive employment during the term of employment. Employee agrees that she will not duplicate or otherwise copy any such property.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

LexBlog IP

SEPTEMBER 12, 2023

the employee cannot divulge your company’s confidential information) are not “non-competes” but they are often, so broadly drafted , that they have the effect of being a non-compete, although called something different. Be Open to Change:/What is Confidential The job market is evolving, and employment practices are too.

Confidentiality 52

Confidentiality Contracts Business Marketing 52

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

The IPKat

MAY 12, 2023

When one hears the claims of copyright infringement, confidential information and employment claims one can readily assume that this is an employer/ex-employee dispute. They develop, market and sell statistical process control (SPC) software and gauge management software. Background The claimants - PQ for short - are based in the US.

Copyright Infringement 69

Copyright Infringement Copyright Confidentiality Copying 69

The IPKat

SEPTEMBER 26, 2024

They also claimed that this new system goes against the traditional set-up of licensing practices in Europe and will lead to market fragmentation. 216/1 and XI.216/2 Under these circumstances, the Constitutional Court seeks the following clarifications as to the compatibility of Art. 228/4 with EU law [unofficial translation by this Kat]: 4.

Publishing 129

Publishing Art Licensing Confidentiality 129

Nelligan Law

JUNE 23, 2023

Nonetheless, it is possible that one of the employers to a wage-fixing or no-poaching/no-hiring agreement places restrictions in its written employment contracts. The economy and labour markets lose when companies are prevented from developing new products. Such provisions would likely be deemed null and void.

Business 93

Business Intellectual Property Confidentiality Contracts 93

LexBlog IP

OCTOBER 1, 2022

alleging a pizza franchisee failed to maintain the confidentiality of Texas pizza chain CiCi Enterprises LP’s trade secrets after two affiliates inked a development deal with competitor, Papa John’s. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

Trading Secrets

DECEMBER 21, 2021

Anatomy of an M&A Transaction: How to Issue Spot for Non-Compete, Trade Secrets/Confidential Information, and Intellectual Capital Concerns. At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees.

Confidentiality 69

Confidentiality Law Contracts Business 69

IP.com

OCTOBER 2, 2024

Trade Secrets: Protect confidential business information, like recipes or manufacturing processes. This audit should involve a thorough review of your products, services, marketing materials, and business processes to identify all forms of IP that need protection. Design Rights: Protect the visual design of products.

IP 52

IP Intellectual Property Cease and Desist Confidentiality 52

IP.com

AUGUST 19, 2024

A comprehensive IP strategy not only protects a company’s intangible assets but also drives business growth and market positioning. Effective IP management requires a multidisciplinary approach that integrates innovation, marketing, human resources, procurement, financial, and legal considerations.

IP 52

IP Marketing Marketing Brands 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Generally, trade secrets refer to confidential information that confers a competitive advantage on its holder by virtue of being unknown by others. Generally, reasonable measures should be “adequate under the circumstances,” but go further than those used for ordinary confidential information. What Are Trade Secrets?

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

Kashishipr

FEBRUARY 16, 2022

IP licensing provides business companies and organizations with additional or core revenue streams, which enables them to increase brand awareness, enhance their overall reputation, and extend their offerings (products or services) into new geographies and markets across the globe cost-effectively. Bottom Line.

Licensing 98

Licensing Business IP Ownership 98

LexBlog IP

FEBRUARY 2, 2023

Non-compete clauses serve to protect a business’s trade secrets and other confidential information, which makes the adoption of such a rule a major concern for all US businesses. Thus, this proposed rule would likely affect the marketability of businesses.

Confidentiality 52

Confidentiality Business Contracts Ownership 52

Indiana Intellectual Property Law

FEBRUARY 23, 2023

As employees of MaddenCo, both Reed and Darby executed a Confidentiality Agreement wherein they agreed to not disclose any confidential information or material of MaddenCo or its subsidiaries. Reed was employed as a Software Development Manager while Darby was employed as a Software Developer.

False Advertising 40

False Advertising Confidentiality Copyright Infringement Contracts 40

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

OCTOBER 10, 2023

Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. The slide deck had disclaimer language that the information on the slides was not complete, and that the slides contained forward-looking statements. Challenged claim: DealMaker’s customers do not retain ownership over their own data.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

LexBlog IP

FEBRUARY 1, 2022

There was a good piece in MediaPost’s Marketing Insider, available here , on business considerations for working with B2B influencers. Even if contracting with professionals who speak to a business audience, you may still want an out if they do something off brand. Tip #8: Morals on the job are important too.

Social Media 52

Social Media Contracts Brands Branding 52

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

FEBRUARY 27, 2024

An employee had an agreement with a company that placed restrictions on the employee’s ability to solicit or accept business from the company’s customers, to disclose confidential information, and to have competitive employment during the term of employment.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

SpicyIP

SEPTEMBER 4, 2023

on 21 August, 2023 (Delhi High Court) Considering, inter alia, that the appellant’s products were available in the market before the institution of the suit, a Division Bench of the Delhi High Court held that the appellant should have been accorded an opportunity to oppose the ad interim injunction application. Dabur India Ltd.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Trading Secrets

JUNE 28, 2022

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems. the defendant’s conduct consisted of good-faith security research.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59