Nelligan Law

MARCH 12, 2025

Why Businesses Consider a Merger or Acquisition Expansion:Acquiring a competitor can result in a increase in the companys existing market share while also eliminating the competition and acquiring their expertise with it. Economies of scope can arise from leveraging combined resources to develop new products or enter new markets.

Business 59

Business Due Diligence Marketing Marketing 59

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

Intepat

FEBRUARY 19, 2025

Such a doctrine is the cornerstone for secondary markets such as libraries, used bookstores, and places for selling used CDs and DVDs. The case involved the organization called ReDigi, an online market where users can resell digital music files they have bought legally. Section 109 of 17 U.S.C.,

Copyright 52

Copyright Copying Licensing Ownership 52

Kluwer Copyright Blog

APRIL 2, 2025

Background As recounted by Lyall (2024) , Finnish artist Sirpa Alalkkl and her husband Paul Palmer, who married in 1997 and separated some 20 years later, disputed the ownership of copyright in artworks she created during the course of their relationship. Creators relationship histories may become relevant to contractual negotiations.

Copyright 52

Copyright Moral Rights Artwork Licensing 52

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

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 135

Copyright Ownership Social Media Licensing 135

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

The IPKat

OCTOBER 28, 2024

The report highlights how counterfeit and pirated goods risk consumers’ health, safety, and the economy in the European market, including examples of mechanisms and consequences of IP crimes. Geographical Indications Conference ‘Safeguarding our Heritage, Cultivating our Future’. Review the report here. Consult the archive here.

Intellectual Property 69

Intellectual Property Editing IP Publishing 69

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

Kluwer Copyright Blog

JUNE 19, 2023

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139

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

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. As such, this ruling is not deemed pertinent as a precedent for the application of the first sale doctrine in relation to NFTs.

Artwork 98

Artwork Contracts Ownership IP 98

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 Branding 52

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

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

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 94

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 94

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

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 Designs Design 83

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

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

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 Copying Ownership 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

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

Kluwer Copyright Blog

DECEMBER 17, 2024

Old contracts many of the contracts that were signed by authors and academics pre-date the LLM/genAI era. Contractual interpretation dictates that the provisions must be given the meaning a reasonable person would have understood the intention of the parties to have been at the time the contract was concluded.

Publishing 52

Publishing Reporting Branding Brands 52

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

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 122

Copyright Publishing Marketing Marketing 122

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. By contrast, digital data are, as such, not undisputedly considered to be subjectable to ownership rights. Portability as a Consumer Contract Remedy.

IP 94

IP Contracts Social Media Copying 94