Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 119

Social Media Ownership Business Branding 119

IP and Legal Filings

NOVEMBER 6, 2022

It supports the numerous stakeholders who are engaged behind and in front of the scenes, it enables producers to get the funding required to launch production or marketing campaigns, and encourages technology advancements that push the bounds of creativity and make them possible.[1]. Intellectual Property Ownership. Challenges.

Ownership 52

Ownership Intellectual Property IP Contracts 52

IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Contracts Branding 57

Intellectual Property Law Blog

MARCH 13, 2024

Unsophisticated consumers may conflate the purchase of an NFT associated with a digital good with ownership of IP rights in that good. The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

IP and Legal Filings

JUNE 21, 2021

Keeping this in mind, we should delve into the market-based approach of the same. Tech-driven companies have a total dependency on the IP and as per some estimates; around 80% of the market value comes from these intangible assets. This whooping market value comes when the same estimates speak that only 5% of patents generate income.

Due Diligence 93

Due Diligence IP Contracts Licensing 93

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. Section 230.

Contracts 133

Contracts Publishing Licensing Editing 133

LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Brands 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. I’m pretty sure the drafters of 512(f) never contemplated that it would be invoked in disputes over ownership. BONUS 2: Barz Adventures Inc.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

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 105

Social Media Ownership Design Designs 105

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Patently-O

MAY 22, 2024

The majority opinion written by Judge Taranto and joined by Judge Dyk held the contract language was ambiguous on this point and remanded for further factual development to determine the parties’ intent. Evidence that Dr. Core’s former TRW manager told him TRW had no ownership interest in the patent. Judge Mayer dissented.

Ownership 40

Ownership Patent Invention Contracts 40

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Trading Secrets

JUNE 22, 2022

This exception allows a buyer to enforce non-compete agreements against a seller if the seller is an “owner of a business entity selling or otherwise disposing of all of his or her ownership interests in the business entity.”. In Blue Mountain Enterprises, LLC v. Owen , 74 Cal.

Ownership 98

Ownership Business Contracts Law 98

IIPRD

MARCH 13, 2025

These rights include exclusive ownership benefits and rights against any misuse, alteration, modification etc. Intellectual Property Rights are the bundle of rights given to the owner or creator of IP by the virtue of law that governs that specific IP. of their work for a fixed period. or (a golden arch) means McDonald’s.

Intellectual Property 83

Intellectual Property Registration Design Designs 83

IP and Legal Filings

JUNE 16, 2021

The business must establish itself as a brand which must be in a sense which can provide the distinctive nature of the business in the market. It is important to understand the ownership or possession of IP in case of any such contract with a third party. The registration of the name must be done in the trademark registry.

IP 98

IP Ownership Registration Licensing 98

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. The NFT is a smart contract coded with the NFT.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

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. __. See generally, Christopher A. In contrast, in JLM Couture v.

Social Media 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

FEBRUARY 13, 2025

Second, how is DistroKid supposed to sort through the ownership and license rights here? DistroKid appeared first on Technology & Marketing Law Blog. Ugh, so much going wrong here. First, oral copyright licenses are a recipe for trouble. This isn’t news, but here we are again.

Copyright Infringement 52

Copyright Infringement Copyright Licensing Copying 52

Kashishipr

FEBRUARY 23, 2022

Other than product sales data, component prices, customer details & records, market statistics, or supply chain info, a company owns commercially sensitive and confidential electronic pieces of information such as CAD drawings. There is an increasing value in the massive volumes of data accumulated over time in a company or firm.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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. Merely bearing the financial risks of record production, marketing and distribution is not enough.

Music 116

Music Editing Contracts Intellectual Property Law 116

Technology & Marketing Law Blog

JANUARY 12, 2024

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. Copyright and contract law that may restrict legally what the user may do with the “copies” that are now resident in the device RAM.

Copying 98

Copying Ownership Derivative Work Contracts 98

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 111

Contracts Privacy Social Media Advertising 111

Kashishipr

FEBRUARY 16, 2022

Through IP licensing, IP rights holders grant third parties the exclusive right to use their IP while retaining their ownership. In contrast to IP assignments, which transfer the entire ownership of the IP asset, IP licensing provides only limited use.

Licensing 98

Licensing Business IP Ownership 98

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

The IP Law Blog

MARCH 30, 2023

In some industries, patents may even be essentially required to enter the market and compete successfully. However, the cost of obtaining and maintaining patents may be a barrier for individual inventors and small businesses to benefit from the advantage or enter certain markets. A small entity is defined under 37 CFR § 1.27

Business 98

Business Inventor Patent Licensing 98

IP and Legal Filings

MARCH 19, 2025

ANALYSIS OF THE DISPUTE According to the Indian Copyright Act of 1957, copyright ownership is contingent upon the nature of any agreements or the footage in place. 5] The idea is affected by the market value of the original work and its usage.

Copyright Law 59

Copyright Law Copyright Law Fair Use 59

Nelligan Law

FEBRUARY 21, 2025

If her policies follow WWEs contract model, will students be required to sign non-compete clauses upon graduation, preventing them from transferring to rival colleges? sounds like a name with real marketing potential. sounds like a name with real marketing potential. Maybe this is all part of WWEs long-term career planning.

Branding 52

Branding Brands Branding Business 52

Technology & Marketing Law Blog

MAY 27, 2023

” I sense the court was overwhelmed by the complexity of music licensing, where there are layers upon layers of agreements over the initial ownership of the work, subsequent ownership transfers, distribution licenses, designations of enforcement agents, and voluntary uploads of the works by one or more people in the chain.

Ownership 81

Ownership Licensing Copyright Fair Use 81

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 128

Copying Non-Fungible Tokens Contracts Copyright 128

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. LinkedIn appeared first on Technology & Marketing Law Blog. Eric’s Comments.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization.

IP 52

IP Intellectual Property Ownership Contracts 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 105

Licensing Copyright Contracts Advertising 105

The IPKat

DECEMBER 16, 2021

While the High Court found Morison liable for trademark infringement as well as passing-off, the trial judge did not make a finding of copyright infringement, stating that as the designer of the device was not called to testify, copyright ownership was not sufficiently proven.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

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

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52