Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Branding Branding 52

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. If the use of a copyrighted photo is related to commercial purposes, it is almost certain you have infringed.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Plagiarism Today

SEPTEMBER 28, 2021

As with many aspects of copyright, the only way to get a definitive answer on a fair use question is to have a case go to court and have either a judge or a jury decide the outcome. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.

Fair Use 231

Fair Use Non-Fungible Tokens Copyright Derivative Work 231

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. .'” Publisher/Speaker Claim. LEXIS 23688 (S.D.

Contracts 98

Contracts Advertising Advertising Privacy 98

The IPKat

JULY 17, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem.

Copyright 119

Copyright Public Domain Government Ownership 119

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

Public Domain 69

Public Domain Contracts Copyright Licensing 69

The IPKat

NOVEMBER 15, 2022

Enforcement in blockchains The classical definition of blockchain is that of a distributed ledger technology whose main feature is to be immutable: it is impossible to manipulate or delete data after it’s been validated and placed into the Blockchain. As anything else which is written on a blockchain, the smart contracts, once deployed (i.e.,

Contracts 82

Contracts Non-Fungible Tokens Technology Advertising 82

43(B)log

DECEMBER 6, 2023

The contract provided that the buyer would own the “Work” once it was paid for and that “Purchaser and/or building owner may not copyright, reproduce, or merchandise images of the Work without the Artist’s written consent in advance.” Hy-Vee, Inc., 3d -, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D.

Ownership 69

Ownership Contracts Copyright Registration 69

Trading Secrets

SEPTEMBER 30, 2022

As a conclusion to this webinar , we compiled a summary of takeaways: A restrictive covenant is a legal term for a clause in an employment contract (or a standalone agreement) that prevents an employee from doing something. Vast majority of cases involve misappropriation by electronic means.

Contracts 75

Contracts Confidentiality Business Litigation 75

The IPKat

MARCH 14, 2024

Background The solicitors to Ini Edo and Minini Empire Productions Limited (MEP) stated in their petition to the Nigerian Copyright Commission (NCC) and Trademarks and Patent Design Registry that Chinenye Nworah sought to bypass their right as co-owners of the IPRs to the movie, Shanty Town.

Copyright 78

Copyright Cease and Desist Ownership Registration 78

Kluwer Copyright Blog

SEPTEMBER 28, 2022

Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR). In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice.

IP 94

IP Contracts Social Media Copying 94

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Spartz, Inc.

Social Media 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. SF Design Group. Spartz, Inc.

Social Media 119

Social Media Ownership Business Branding 119

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 144

Trademark False Advertising Advertising Advertising 144

LexBlog IP

APRIL 25, 2023

Currently, this prohibition does not apply to employees individually represented by counsel in negotiating the terms of the agreement that designates the venue, forum, or choice of law of any employment claims. & Prof. Code § 16600).

Ownership 52

Ownership Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

AB 747 would modify the definition of “ownership interest” to require that the interest be more than a 10% interest in a total partnership or total membership or in the total shares of the entity’s ownership, perhaps in a nod to the FTC’s proposed rule that would ban non-competes (although the FTC’s proposal would set a threshold of 25%).

Ownership 52

Ownership Contracts Business Law 52

The IPKat

JULY 7, 2023

The speakers considered technological standards, IP and licences, especially by analysing who are the participants in interoperability, how contracts with the Metaverse operators work and which rights are provided to the users. The following panel analysed generative AI. The Metaverse can provide for different types of innovation and visions.

Reporting 86

Reporting Music IP Intellectual Property 86

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. I posted a chapter from the book: Online Contracts. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Regulation of Political Advertising (2022 Edition). Comments on AB2408).

Editing 98

Editing Social Media Blogging Advertising 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

DECEMBER 20, 2024

The Trademark’s Function Under Branding The most basic of all definitions of a trademark may be termed as a sign of identification and is generally by a word, spelling, logo, slogan, or design, which can use an identifying and differentiating goods or services from one person or entity as opposed to another.

Social Media 81

Social Media Trademark Branding Branding 81

Kluwer Copyright Blog

JANUARY 9, 2023

And why do definitions matter anyway (especially for lawyers)? Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. So, is web3 “somewhere between a and z”?

Copyright 95

Copyright Blogging Fair Use Reporting 95

Kluwer Copyright Blog

NOVEMBER 5, 2024

At the EU level, there is no definition of a computer program. The Computer Programs Directive protects “ preparatory design work leading to the development of a computer program provided that the nature of the preparatory work is such that a computer program can result from it at a later stage ” (recital 7).

Copyright 72

Copyright Designs Design Copyright Law 72

The IPKat

FEBRUARY 13, 2024

Designation of the inventor (A-III-7) A-III-7 now states that the EPO will check whether the designated inventor is a natural person. This update follows the decision in J 8/20 (DABUS) that an AI cannot be designated as an inventor ( IPKat ). 25 sequence listing filed in PDF format as part of a divisional application" (A-IV-5).

Invention 70

Invention Art Inventor Designs 70

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 105

Copying Copyright Law Copyright Social Media 105

IP and Legal Filings

AUGUST 7, 2023

A formal definition of the term can be drawn out by reading Section 2(76) of the Companies Act with Rule 3 of the Companies (Specification of definitions details) Rules, 2014. The entity operates as a post-employment benefit plan, designed for the welfare of employees belonging to either the reporting entity or an entity linked to it.

Reporting 97

Reporting Government Business Contracts 97

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Option 1: expanding the definition of “inventor”.

IP 75

IP Inventor Invention Intellectual Property 75

The IPKat

MARCH 3, 2022

A year later, Kippenberger contracted Valien again to paint once more the “Paris Bar'', this time asking for a painting-in-a-painting effect, and instructed the creation of what came to be (very creatively named) “Paris Bar, Version 2”, showing “Paris Bar, Version 1” hanging – where else – in the Paris Bar.

Copyright 97

Copyright Art Graphic Design Copyright Law 97

LexBlog IP

OCTOBER 19, 2023

Before he left, Orians copied the funeral home’s customer information–specifically, the identities and addresses of customers who had contracts prearranging their funeral services with Hanneman Family, otherwise known as “preneed funeral contracts.”

Confidentiality 52

Confidentiality Contracts Government Law 52

Traverse Legal Blog

MARCH 1, 2023

I will cover some definitions, practical considerations, and background you need to know as you navigate your world. Let’s take a look at another definition. The controller gets to decide what happens to it and what doesn’t happen to it by contract or otherwise. Controllers are the ones that contract with you.

Privacy 52

Privacy Contracts Web Development Designs 52

LexBlog IP

OCTOBER 19, 2021

SB 62 expands the definition of a garment manufacturer and extends the scope of liability for wage and hour violations to clothing brands—and likely some retailers. ” The new law defines “brand guarantor” as “a person contracting for the performance of garment manufacturing.

Law 52

Law Contracts Branding Branding 52

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

SEPTEMBER 20, 2022

Other developments “sharply contracted” the scope of the claims to the “All Natural” claim on three product lines. The earlier definition used in the case was heavily dependent on now-abandoned “Non GMO” claims. Without the GMO context, the court found that there was no objective definition of “all natural.”

Litigation 59

Litigation Contracts False Advertising Reporting 59

LexBlog IP

MARCH 10, 2024

The law aims to encourage fairness, competitiveness, and consumer protection through provisions, controls, and penalties designed to restrict anti-competitive behaviours and establish regulatory frameworks. Key Definition within Federal Law No. Article 11 allows exemptions for specific contract categories required for economic growth.

Law 52

Law Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 17, 2023

But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As

Blogging 132

Blogging Licensing Privacy Copyright Notice 132