The IPKat

NOVEMBER 6, 2023

Background The plaintiff is a professional photographer, who markets his photographs exclusively and very successfully through microstock portals. Up to March 2021, his photographs have been licensed more than 800,000 times. In order to reach as many potential customers as possible, the licensing terms must be attractive.

Moral Rights 83

Moral Rights Licensing Personality Rights Contracts 83

The IPKat

JUNE 8, 2024

They are particularly interested in applicants with expertise in Foundations of Tort, Law of Contract, Land Law, or Law of Trusts, and/or in the areas of corporate/commercial law, consumer and marketing law, mental health law, law and technology, or – last but not least – intellectual property.

Intellectual Property 67

Intellectual Property Intellectual Property Law Designs Design 67

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 70

Contracts Licensing Business Blogging 70

Technology & Marketing Law Blog

JUNE 12, 2024

Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) Civil Code 1670.8.

Law 64

Law Contracts Litigation Business 64

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Dragons' Den

FEBRUARY 9, 2024

Emma is a fashion designer and founder of denim company, Good American. What is its appeal to the market? In IPO’s free, online, easy to use toolkit there are resources designed to help businesses identify their IP and understand how to protect, manage it and even license it to scale up their product.

Blogging 52

Blogging IP Designs Design 52

Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. In all likelihood, BIPA consent would require, at minimum, a two-click process to proceed.

Privacy 128

Privacy Law Contracts Designs 128

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 87

Litigation Contracts Advertising Advertising 87

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. This might include brand names, product line names, style names, or even unique packaging or product design.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Technology & Marketing Law Blog

AUGUST 24, 2023

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. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

U.S. Department of Commerce

JULY 21, 2023

Stepping into the Executive Director and CEO role here in March 2023, I immersed myself in our public safety engagement, contract oversight, and program management efforts to understand how these critical functions were managed here. The FCC recently renewed our license after conducting a thorough review process and open proceeding.

Government 95

Government Contracts Licensing Technology 95

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer.

Blogging 85

Blogging Copyright Fair Use Copyright Infringement 85

IP and Legal Filings

FEBRUARY 9, 2023

i] It required the contracting parties to implement limitations and exceptions to their national law of copyright in their country for permitting the production, distribution, and accessibility of published work in such a format that is convenient as well as permission to exchange such copyright works across borders and serve the beneficiaries. [ii]

Copyright 77

Copyright Contracts Copying Licensing 77

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Another important component of IP management in the entertainment sector is licensing.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. The implied license argument is particularly important here. Tattoo Advertising/Human Billboards.

Blogging 135

Blogging Fair Use Copyright Infringement Copyright 135

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums.

False Advertising 99

False Advertising Advertising Advertising Business 99

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor – Gardner v.

Artwork 99

Artwork Trademark Publishing Marketing 99

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. Breach of Contract 2. Tortious Interference with a Contract 3. False Designation of Origin 9. Thus, the Points Guy. Trespass 5. Dilution 7.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

Kluwer Copyright Blog

APRIL 18, 2023

The limitation on the use of Meta’s libraries occurred after the tech behemoth and the Italian copyright collecting society for authors and editors (“Società Italiana degli Autori ed Editori”, “SIAE”) came to an impasse during the renewal of the license agreement for the exploitation of the Italian repertoire. 19 of the Directive.

Music 98

Music Art Licensing Copyright 98

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

LexBlog IP

DECEMBER 26, 2023

This curated guide is designed to inform and assist Founders by highlighting a variety of government and private sector programs. Atlanta Startup Growth Loan Program (ASGL) Mayor Andre Dickens has announced the Atlanta Startup Growth Loan Program (ASGL), a new initiative designed to bolster the growth of local technology startups in Atlanta.

Government 52

Government Business Contracts Inventor 52

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 98

Contracts Registration Designs Design 98

Intepat

JUNE 19, 2023

The various forms of intellectual property are already well known- trademarks, patents, copyrights, industrial designs, trade secrets, domain names and geographical indications. Things to Keep in Mind Maintaining Secrecy – Only inventions and designs which are not previously disclosed can be registered for patents and industrial designs.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Meta appeared first on Technology & Marketing Law Blog. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark 94

Trademark Contracts Blogging Fair Use 94

Kashishipr

JUNE 30, 2021

Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole. The concept focuses on the notion of distributed innovation in the contemporary global economy.

Intellectual Property 111

Intellectual Property IP Designs Design 111

Technology & Marketing Law Blog

MAY 27, 2023

The court says: “whether YouTube has a license for a particular work will be a matter of intense inquiry at trial.” YouTube appeared first on Technology & Marketing Law Blog. May 22, 2023) The post Class Certification Denied Over Rightsowners’ Demands for Content ID Access–Schneider v.

Ownership 67

Ownership Licensing Copyright Fair Use 67

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

Copying 112

Copying Social Media Licensing Technology 112

Technology & Marketing Law Blog

DECEMBER 15, 2021

The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case.

Registration 113

Registration Fair Use Copyright Designs 113

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. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim.

Contracts 75

Contracts Advertising Advertising Privacy 75

The IPKat

FEBRUARY 13, 2022

DESIGN On Saturday, February 5, 2022, WIPO announced China's accession to the Hague System, making it the 68th contracting party to the 1999 Act and the 77th member of the Hague Union. According to WIPO, China's accession means that the Hague System will cover nine of the world's top 10 economic markets. COPYRIGHT In the U.S.,

Blogging 52

Blogging IP Copying Copyright 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

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

The IPKat

SEPTEMBER 19, 2023

Determining the competent court for trade mark and design infringement proceedings in the EU is rather straightforward if there is only one defendant. Comment The CJEU decided only a particular situation, where the supplier and reseller are connected by an exclusive distribution agreement and joint online marketing. 125 EUTMR and Art.

Art 73

Art Contracts Publishing Designs 73

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 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.

Reporting 84

Reporting Music IP Intellectual Property 84