LexBlog IP

DECEMBER 26, 2023

Government and Private Programs that Give to Founders by Jaime Chandra Government and Private Programs that Give to Founders Empowering Innovation: A Guide to Supportive Programs for Entrepreneurs Access to the right resources can significantly impact entrepreneurial success.

Government 52

Government Business Contracts Inventor 52

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Reminder: courts sometimes demand that consumers click twice to form a contract. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment.

Advertising 110

Advertising Advertising Contracts Social Media 110

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 77

Contracts Privacy Registration Government 77

Kashishipr

FEBRUARY 16, 2022

Any form of Intellectual Property (IP) , be it a trademark, patent, or copyright, can be licensed to third parties. Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. Understanding the IP License. Creating the IP Licensing Agreement.

Licensing 98

Licensing Business IP Ownership 98

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty.

Music 138

Music Contracts Reporting Marketing 138

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

Contracts 77

Contracts Designs Design False Advertising 77

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

Kluwer Copyright Blog

JUNE 19, 2023

Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Copyright that is transferred upon selling an NFT may explicitly be outlined in the self-executing smart contract governing the sale.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 106

Contracts Government Marketing Marketing 106

Kluwer Copyright Blog

AUGUST 18, 2021

Much bigger pressures come from the 2019 Open data and public sector information directive , the 2020 proposal for a Data governance regulation , and the still to be announced proposal for a Data Act. Stage II: The Data Governance Act. The proposed Data governance act seeks to expand the scope of the Open data directive.

Government 54

Government Database Right Intellectual Property Copyright 54

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. Coinbase sought to send the case to arbitration, but there was a possible conflict in the governing TOSes. Most recently Kieran covered International Markets v. Ninth Circuit Strikes Down Contract Amendment Without Notice–Douglas v.

Marketing 93

Marketing Marketing Contracts Blogging 93

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. In countries where there is no government recordation of copyright, blockchain offers a decentralized and transparent process to record copyright ownership, transfers and licenses.

Copyright 238

Copyright Non-Fungible Tokens Technology Plagiarism 238

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 138

Contracts Publishing Law Government 138

Technology & Marketing Law Blog

APRIL 8, 2023

There are several ways of doing it, but the two primary options for quick results are (1) requiring consumers to submit government-issued documents, or (2) requiring consumers to submit to face scans that allow the algorithms to estimate the consumer’s age. Binance appeared first on Technology & Marketing Law Blog.

Privacy 128

Privacy Law Contracts Designs 128

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 116

Social Media Contracts Advertising Advertising 116

IP and Legal Filings

JULY 21, 2022

This is the time when India is going through an upheaval of changes in our education system with the help of different policies of government as well as with the use of different technologies in modernizing the way of learning. for taking reprographic usage licenses after paying a prescribed tariff. Picture Credit: Shutterstock].

Copyright 90

Copyright Licensing Higher Education Copying 90

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In the US, courts routinely honor such contract provisions, even if the TOS terms are non-negotiable and may seem one-sided.

Publishing 96

Publishing Government Contracts Law 96

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

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 85

Contracts Privacy Blogging Litigation 85

Technology & Marketing Law Blog

JANUARY 6, 2023

I previously described the case: This case involves the tragic situation where two Twitter employees allegedly became operatives for the Kingdom of Saudi Arabia and turned over sensitive information about the government’s critics to the Saudi Arabia government. breach of contract being both covered and not covered by 230.

Contracts 87

Contracts Government Publishing Blogging 87

Technology & Marketing Law Blog

NOVEMBER 9, 2022

He claims that Twitter suspended his account at the behest of the Turkish government. Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. Breach of Contract. Twitter appeared first on Technology & Marketing Law Blog. Section 230. ICS provider.

Contracts 72

Contracts Publishing Blogging Government 72

TorrentFreak

APRIL 5, 2022

In blatant defiance of the government, they openly described the ‘Special Operation’ as a war. ” More than 8,000 scientists were able to sign the letter before it was disappeared by the government but the predictions it contained are already coming true. Academics and Researchers – A Beacon of Hope.

Publishing 139

Publishing Government Licensing Journalism 139

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 78

Privacy Law Intellectual Property Music 78

LexBlog IP

MARCH 30, 2023

For example, they can increase the value of a business, provide an advantage over competitors, and serve as a source of income through licensing. In some industries, patents may even be essentially required to enter the market and compete successfully. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 52

Business Inventor Patent Licensing 52

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 107

Contracts Publishing Blogging Government 107

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 102

Blogging Contracts Law Privacy 102

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 119

Blogging Law Contracts Cease and Desist 119

Technology & Marketing Law Blog

FEBRUARY 27, 2022

AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

MARCH 22, 2022

” But here, the court is applying the standard for purposes of volitional conduct and direct copyright infringement, so the DMCA cases don’t directly govern the situation. As a bonus justification, the court notes YouTube’s standard TOS and says the plaintiff granted licenses to YouTube when it uploaded the videos.

Business 109

Business Copyright Copyright Infringement Licensing 109

Herbert Smith Freehills

NOVEMBER 7, 2022

The UK's climate change agenda will be complicated by an energy market under intense pressure and policy in flux . The UK Government has stated that its strategy for net zero is to "lead the world in ending our contribution to climate change". UK CLIMATE COMMITMENTS. RECENT LEGISLATIVE AND REGULATORY DEVELOPMENTS.

Government 52

Government Business Marketing Marketing 52

Velocity of Content

MARCH 16, 2023

Real market harm Filed January 13, this class action pits illustrators against generative AI companies who, according to the Complaint, used images without permission as training data and allowed people to create works in their “style” without compensation. This proposed expansion of the exception was recently rejected by the UK government.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” This case involves a commercial dispute, but questions about social media account ownership are pending before the Supreme Court in the context of government employee-operated accounts.

Social Media 81

Social Media Ownership Designs Design 81

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof.

Contracts 106

Contracts Privacy Social Media Advertising 106

Intepat

JUNE 19, 2023

It may be because the owner has enough capabilities for carrying out the marketing themselves, or does not have enough resources for entering into a partnership for the same or simply because the owner is hesitant to share their data with third parties. It also reduces the distribution and marketing expenses to an extent.

Intellectual Property 52

Intellectual Property Due Diligence Ownership Invention 52