SpicyIP

FEBRUARY 17, 2023

In the context of certain questions that arose in the proceedings, Tanvi then brings up an interesting hypothetical i.e. what if the defendants had challenged the ownership of the copyright early on, instead of the attempt to amendment later on. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences.

Copyright 98

Copyright Ownership Publishing Copyright Infringement 98

Nelligan Law

MARCH 6, 2023

Reading Time: 2 minutes Introduction One of the joys of home ownership is being able to modify and alter the structure, layout, and furnishings within your home. The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. What are damages?

Law 52

Law Contracts Litigation Ownership 52

Technology & Marketing Law Blog

JANUARY 24, 2024

However, the appellate court seems to invalidate that six-factor test: “Determining he ownership of social-media accounts is indeed a relatively novel exercise, but that novelty does not warrant a new six-factor test.” The next step is to determine whether ownership ever transferred to another party.

Social Media 81

Social Media Ownership Designs Design 81

Technology & Marketing Law Blog

JANUARY 25, 2023

Shah pointed to his copyright registrations as evidence of his ownership, but the court says the allegations in his complaint show that he was never entitled to register the copyrights (i.e., To be clear, joint copyright ownership of photos like these could be a policy disaster, so I don’t share the judge’s lament on that front).

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. ” Implications.

Contracts 125

Contracts Publishing Licensing Editing 125

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. For example, the rise of patent trolls, who litigate cheaply-bought patents, use the IP system as a legal weapon. Moreover, damage demands in litigation cases involving IP are rising.

Intellectual Property 111

Intellectual Property IP Patent Troll Technology 111

43(B)log

OCTOBER 12, 2022

This case concerns major players in the world of professional polo, their efforts to produce and clone genetically superior horses, and the ownership disputes that have arisen from those efforts.” The defendant was initially given “complete and exclusive licensing rights in and to [the selected mares] and all cloned foals.”

False Advertising 57

False Advertising Advertising Advertising Ownership 57

LexBlog IP

AUGUST 30, 2022

In virtually all trade secret cases, there is a written agreement at the center of the dispute–a restrictive covenant, or a non-disclosure agreement (NDA), or an inventorship agreement or a licensing agreement–that should determine the obligations, if any, of the parties over the information at issue. In Precision Strip, Inc.

Contracts 52

Contracts Invention Ownership Law 52

IP and Legal Filings

JUNE 12, 2024

Comparing a partnership firm to a corporate entity or an ownership firm reveals a number of benefits. Whereas the Partnership Act of 1932 does not require partnership licensing, the suggestion that partnership firms be registered should cause one to consider the advantages and disadvantages of not doing so.

Registration 96

Registration Business Contracts Law 96

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 105

Contracts Privacy Social Media Advertising 105

The IPKat

FEBRUARY 29, 2024

They are seeking to establish that they have an ownership stake in both the copyrights and performers’ property rights in the tracks which the band recorded between 1966 and 1970, and that they are owed unpaid royalties from Sony as a result. This New York action has been stayed pending resolution of the English litigation.

Copyright 107

Copyright Reporting Contracts Settlement 107

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &

Social Media 81

Social Media Contracts Ownership Business 81

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 90

Licensing Copyright Contracts Advertising 90

CopyrightsWorld

FEBRUARY 10, 2021

This article is part of our series showcasing well-known copyright ownership cases from the music and film industries, technology, and more. This week’s post looks at three well-known copyright infringement cases involving tech giants battling each other over ownership rights. Apple vs. Microsoft. However, Windows 2.0

Intellectual Property 76

Intellectual Property Design Patent Designs Design 76

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. For instance, the $66K NFT sold by the popular American digital artist Beeple carried a resale value of $6.6mn dollars. IP Implications under NFTs.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Ownership Intellectual Property 40

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

Registration 113

Registration Fair Use Copyright Designs 113

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Mostly music infringement. Authors’ groups were proponents. 3) “So what?”

Copyright 57

Copyright Copying Music Fair Use 57

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 124

Litigation Reporting Settlement Government 124

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Copyright Lately

JULY 17, 2022

The termination provision at issue in Livingston is Copyright Act section 203(a) , which allows authors and their statutory heirs to terminate post-1978 copyright assignments and licenses as early as 35 years after they were originally made. It’s these assignments that Travilyn terminated 35 years later.

Copyright 59

Copyright Music Social Media Publishing 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. Biosimilar Approvals and Launches in 2020. Conclusion.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

AUGUST 4, 2023

Tort tries to get people to make safer products to encourage innovation, but also leads to anxieties about creating new stuff b/c it risks litigation v. Regulating terms of trade also permitted, including © ownership/exclusivity/restricting investment in local productions. You see ratesetting and other key license provisions.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 76

Copying Ownership Derivative Work Contracts 76

Technology & Marketing Law Blog

JULY 25, 2022

In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. The time periods for each license were separate, and some licenses were renewed multiple times, resulting in more than 1,000 separate license periods. 17 U.S.C. §

Blogging 87

Blogging Copyright Licensing Copyright Infringement 87

Kashishipr

AUGUST 10, 2022

Where an individual or an entity attempts to infringe upon your IP assets or contests your ownership, he can offer valuable guidance and support throughout the evidence gathering and litigation process. Blockchain technology allows for a guarded and secured chain of evidence for IP ownership. The Use of Smart Contracts.

Intellectual Property 52

Intellectual Property Ownership Contracts IP 52

43(B)log

AUGUST 5, 2021

Mark McKenna: Another explanation was maybe these bespoke regimes weren’t addressing actual problems; overrepresentation of people w/specific litigation interests. Consider compulsory licensing as a midway point here as well. Ownership is of linguistic description of structural properties of invention.

IP 44

IP Invention Designs Design 44

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

LexBlog IP

JUNE 20, 2023

In this regard, the PTO is further considering, for determining whether a party is under-resourced, whether it should consider: government funding; third-party litigation funding support; the resources of anyone with an ownership interest in the patent owner; anyone with a stake in the outcome of the proceeding. Litigate it?

Litigation 52

Litigation Ownership Patent Inventor 52

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon?

Copyright 62

Copyright Editing Settlement Music 62

The IPKat

AUGUST 15, 2023

Dua Lipa and Warner Music are being sued by talk box inventor and singer, Bosko Kante, for breach of contract and copyright infringement in hit song 'Levitating'. It it is, therefore, likely that the copyright infringement claim would effectively follow the breach of contract claim.

Copyright Infringement 52

Copyright Infringement Music Copyright Contracts 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

MARCH 27, 2023

Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. ” Copyrights: Ownership and Use of ChatGPT output OpenAI does not address the question of copyright authorship.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

43(B)log

AUGUST 11, 2022

Now, Bollywood copies Hollywood, but they use licenses—how does that compare? Licensing is also one way to do it [which seems to conflict with the idea that without this you’d get home-grown plots etc.]. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions.

IP 70

IP Copying Marketing Marketing 70