LexBlog IP

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred. & Prof. Code § 16600).

Ownership 52

Ownership Contracts Business Law 52

Trading Secrets

APRIL 25, 2023

Presently, any person who sells the goodwill of a business or who disposes of their ownership interest or other specified assets in a business may agree with the buyer to refrain from competing in the geographic area in which the sale occurred. & Prof. Code § 16600).

Ownership 52

Ownership Contracts Business Law 52

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

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. 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 district court initially punted on the ownership question.

Social Media 101

Social Media Ownership Branding Brands 101

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

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. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __. As with other such laws, this law struggles with definitions.

Social Media 82

Social Media Contracts Ownership Business 82

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.]

False Advertising 72

False Advertising Ownership Registration Designs 72

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

APRIL 6, 2022

In Moreno , the Board held that, although exclusive licensee Julie Moreno could establish entitlement to a statutory cause of action, she could not prove priority based on use of the mark at issue by her licensor because that would "improperly recognize trademark ownership rights in a licensee." See also Chem. Conmar Form Sys.,

Ownership 52

Ownership Registration Trademark Contracts 52

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 Brands 52

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 108

Non-Fungible Tokens Trademark Artwork Art 108

IPilogue

SEPTEMBER 23, 2021

Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works. 13 are the only ones that deal with the ownership of copyright in works. Owning copyright is one thing; proving ownership is another.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

The IPKat

FEBRUARY 12, 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 Nigeria's Copyright Act 2022 (which came into effect in 2023) and its constitutional reference to copyright as movable property.

Copyright 61

Copyright Moral Rights Government Public Domain 61

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. This will be an interesting case to follow, in particular what the court considers “reasonable efforts” with respect to materials posted in a Facebook group.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 91

Licensing Copyright Contracts Advertising 91

Plagiarism Today

AUGUST 23, 2022

According to the study, only one in 25 even attempts to transfer copyright ownership with the purchase of the NFT and even that may be ineffective. The “vast majority” of NFT projects did not attempt to convey any ownership of intellectual property rights. However, NFTs were never designed for this purpose.

Copyright 245

Copyright Ownership Intellectual Property Technology 245

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 relation to objects subject to ownership, like tangible items, such an entitlement to revindicate ( rei vindicatio ) is commonly guaranteed as one of the prerogatives of the owner.

IP 92

IP Contracts Social Media Copying 92

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Note that FDA still has not designated any biosimilar as interchangeable to its reference product. As noted above, companies are already taking advantage of these new designations. Introduction. Federal Legislation.

Litigation 52

Litigation Settlement Marketing Marketing 52

Trading Secrets

DECEMBER 19, 2023

On November 10, 2022, the majority of the FTC issued a new policy statement that outlined an expansive definition of “unfair methods of competition” and indicated that it would engage in aggressive enforcement of actions that it regards as “unfair methods of competition,” even if those actions do not constitute violations of federal antitrust law.

Confidentiality 52

Confidentiality Litigation Business Law 52

LexBlog IP

DECEMBER 19, 2023

The Protecting American Intellectual Property Act signed on January 5, 2023, is designed to help American businesses from trade secret theft by foreign actors. The first specifies that any contract that is void under California law is unenforceable regardless of where and when the employee signed the contract.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

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 112

IP Copyright Trademark Intellectual Property 112

LexBlog IP

APRIL 25, 2022

AML/CFT regime related to beneficial ownership, real estate, and investment advisers and nonfinancial gatekeepers before turning its attention to the high-value art market.” The fact that NFTs and their smart contracts are blockchain-based allows them to be publicly verifiable, trackable and auditable. [31] ” [23]. .”

Art 52

Art Marketing Marketing Due Diligence 52

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Recognition of non-human inventors, AI and its implications for India.

IP 136

IP Intellectual Property Copyright Trademark 136

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. This was erroneous.

Social Media 92

Social Media Ownership Contracts Privacy 92

U.S. Department of Commerce

FEBRUARY 25, 2022

Department of Commerce are doing to live up to their definitions and ensure that we create a 21st century economy that works for all Americans, but especially those who far too often have been overlooked or left behind. . This Black History Month, I have been reflecting on the words equity and opportunity, and the work that we at the U.S.

Business 98

Business Government Contracts Ownership 98

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. 101 ] The recorded interviews meet the definition: they are expressed in words, and they are embodied (and therefore “fixed”) in tapes or computer memory. Second, if so, who is the initial owner of the copyright(s)? 105 , as a “work of the United States Government”?

Copyright 121

Copyright Blogging Publishing Fair Use 121

LexBlog IP

JANUARY 10, 2024

That then plays off the rest of the title’s allusions to separating “subjects” from the “predicates” of copyright ownership, themselves words connoting the foundational elements of both “ any complete sentence ” and at times a court’s jurisdiction over infringement matters. ’” Id.

Ownership 52

Ownership Copyright Government Intellectual Property 52

43(B)log

FEBRUARY 19, 2022

Matt Bodie Trademark, Employees & the Firm How does TM designate the entity entitled to hold and defend a mark, and what effects does this have on the worker/firm relationship? Contracts aren’t enough to specify what each person is to do and what percent of the profits they get. A: definitely. Paradox of Theseus’s ship.

Branding 59

Branding Brands Branding Registration 59