LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. 36/2023: According to Article 1 of the Federal Decree-Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

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

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. NFTs could potentially enable ownership but this is yet to be seen.

Ownership 55

Ownership IP Non-Fungible Tokens Intellectual Property 55

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Kluwer Copyright Blog

JANUARY 31, 2022

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. According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition.

Music 108

Music Editing Contracts Intellectual Property Law 108

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 81

Social Media Contracts Ownership Business 81

JIPEL Copyright Blog

APRIL 15, 2022

Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss. However, new ownership creates new incentives, which leads to anticipated changes in copyright litigation.

Music 52

Music Litigation Copyright Ownership 52

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 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.

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Non-Fungible Tokens Trademark Artwork Art 122

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

Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

Copyright 102

Copyright Public Domain Art Moral Rights 102

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” Likewise, at this stage only, the court rejected the argument that plaintiffs failed to plead ownership of the copied elements.

False Advertising 70

False Advertising Ownership Registration Designs 70

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 90

Licensing Copyright Contracts Advertising 90

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. is being used as code. Case 2- Anderson, et al.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

FEBRUARY 3, 2023

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” They definitely donated to many committee members but not unusually so. Universal, 2019: Software company A sells to B with a contract that maybe prohibits modification.

Copyright 57

Copyright Copying Music Fair Use 57

IPilogue

MARCH 1, 2022

I would tell other small businesses that if you are serious about your brand and business, definitely look into protecting what’s yours. It definitely got my accounts where they are today. K: “I have had difficulty understanding longer contracts, especially when I was first starting out. What about with larger brands (i.e.,

Social Media 106

Social Media IP Business Branding 106

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. This is especially true now that the NFT market has shrunk so profoundly.

Copyright 250

Copyright Ownership Intellectual Property Technology 250

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] 5] That definition is expansive. Howey Co. ,

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law.

Copying 76

Copying Ownership Derivative Work Contracts 76

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 93

IP Contracts Social Media Copying 93

Intepat

JUNE 13, 2024

This rampant unauthorized copying, known as design piracy, undermines the economic value of industries by diluting the uniqueness of original designs and reducing the market advantage of legitimate creators. The infringer must pay up to INR 25,000 for each instance of piracy, recoverable as a contract debt.

Designs 52

Designs Design Branding Brands 52

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

Litigation 52

Litigation Settlement Marketing Marketing 52

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. Fortunately, solutions were already available on the market to allow people to access the content they needed online in the form of licences.

Copyright 113

Copyright Publishing Marketing Marketing 113

Copyright Lately

JANUARY 16, 2022

Crabtree claims that Kirkman talked him into giving up co-ownership rights in “Invincible” by asking him to sign a document in 2005 that Kirkman represented would make it easier to market the work to licensees but which wouldn’t affect any of Crabtree’s rights. The Requirements for Copyright Joint Authorship and Co-Ownership.

Ownership 65

Ownership Television Copyright Copyright Notice 65

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. The post How Can AI Models Legally Obtain Training Data?–Doe

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

JULY 25, 2022

OK, that’s a clear breach of contract, but how is it copyright infringement? It’s copyright infringement because an exclusive license is a transfer of copyright ownership. Note, however, that the statutory definition specifically excludes a “nonexclusive license.” 17 U.S.C. § 201(d)(2). 204(a) ). (A US case.

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

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

Copyright Lately

NOVEMBER 21, 2021

Again, NFTs are just an ownership record and a link to content. But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans. NFTs Are Not Copyrightable.

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

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

Courts also continue to allow creative damage theories based upon avoided development costs or unjust enrichment even where there may only be disclosure rather than use or no competing market product embodying the misappropriated secrets. ” 15 USC § 45(2). California recently enacted two new non-compete laws.

Confidentiality 52

Confidentiality Business Intellectual Property Law 52

Kluwer Copyright Blog

MAY 17, 2023

However, fragmentation is still caused by the oft-substantial difference in definitions, specificities and conditions of applicability. When Member States transpose the provision they follow the EU model, but for some instances, such as the definition of the purposes of the exception (e.g. Private copy and reprography.

Reporting 52

Reporting Copyright Public Domain Copying 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 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JANUARY 28, 2022

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 ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 91

Social Media Ownership Contracts Privacy 91

43(B)log

OCTOBER 4, 2021

Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94

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 Office, claiming ownership through a written agreement with Coakley.

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Copyright Derivative Work Fair Use Social Media 80