Technology & Marketing Law Blog

OCTOBER 8, 2022

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. Int’l Markets at 5. Based on the logic of Int’l Markets , it just might work.

Marketing 137

Marketing Marketing Contracts Business 137

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 126

Litigation Reporting Settlement Government 126

IP Watchdog

FEBRUARY 1, 2022

The ability of copyright owners to experiment with different marketing strategies is fundamental to copyright law. Indeed, the U.S. Copyright Act promotes the public good by granting exclusive rights to copyright owners that incentivize the creation and dissemination of new works on their own terms.

Licensing 116

Licensing Law Copyright Copyright Law 116

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied. My code on left, github on right.

Licensing 235

Licensing Copying Fair Use Litigation 235

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S.

Privacy 116

Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

OCTOBER 6, 2023

He claims that third party “contributors” uploaded his copyrighted photos to ShutterStock as part of ShutterStock’s licensing program. Specifically, McGucken claims that a total of 337 images were uploaded, of which 165 were downloaded and that led to 938 licenses. Otherwise, this case appears to be economically irrational.

Licensing 98

Licensing Blogging Settlement Litigation 98

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. So the market is busy, growing and lucrative. So what is going on? Let’s start at the beginning.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

Technology & Marketing Law Blog

OCTOBER 11, 2022

It exclusively licensed the right to depict the K-700 in its videogames, including the right to enforce the exclusive license in court. ” Explicitly misleading: Saber argued that videogame players expect that game manufacturers have licensed any actual vehicles depicted in the simulation (boo). ” Implications.

Licensing 140

Licensing Marketing Marketing Designs 140

IP Watchdog

AUGUST 22, 2021

After a decade of litigation across two continents and an unpaid multi-million-dollar judgment, the parties are once again in court. Avoiding the years of investment and fine-tuning that SAS undertook to create its market-leading software, WPL undercut SAS’s price in the market and lured away SAS’s customers.

Copyright Law 126

Copyright Law Copyright Law Copying 126

Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

Plagiarism Today

MAY 17, 2022

This is mirrored by an ongoing crash in regular crypto markets , that’s seen many of the currencies lose significant portions of their value. However, if you’re seeking one, DeviantArt Protect is worth at least considering, especially if you are not interested in collecting licensing fees for your images and wish to focus solely on takedowns.

Copying 224

Copying Non-Fungible Tokens Plagiarism Licensing 224

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Philpot is a serial litigant. Related posts : Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von

Fair Use 143

Fair Use Journalism Licensing Marketing 143

Technology & Marketing Law Blog

MARCH 3, 2022

” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. .” ” Most courts have rejected the fair use defense that secondary usages provide beneficial marketing for the copyright owner. ” Amount Taken. Implications.

Fair Use 116

Fair Use Litigation Marketing Marketing 116

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. It’s honestly remarkable that there haven’t been more legal issues in this space, especially considering the lucrative market for licensed costumes.

Copyright 252

Copyright Trademark Cease and Desist Copying 252

Technology & Marketing Law Blog

MARCH 25, 2024

If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 133

Licensing Fair Use Blogging Copyright 133

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. In other words, in the UK, there is a copyright exception for non-commercial research, everything else requires in a license, and there is little if any ambiguity. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP Close Up

JUNE 15, 2021

IBM and IPwe, believe that NFTs, Non-Fungible Tokens – one-of-a-kind limited digital editions – can transform stagnant patent monetization into a trillion dollar market. Two IP icons Continue reading.

Non-Fungible Tokens 96

Non-Fungible Tokens Marketing Marketing Editing 96

IP Law 360

NOVEMBER 10, 2021

district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.

Settlement 98

Settlement Patent Licensing Litigation 98

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

” Market Effect This factor weighed in favor of the defense. “Alexander testified that she had never licensed her tattoos for video games or any other medium. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.”

Copyright 116

Copyright Fair Use Licensing Blogging 116

Patently-O

DECEMBER 13, 2024

Going forward, the case now focuses on an expert’s use of prior license agreements as evidence of reasonable royalty damages, particularly when those agreements involve a different payment calculation approach (lump-sum vs royalties) and “performative” clauses crafted with an eye toward future litigation.

Licensing 40

Licensing Marketing Marketing Patent 40

IIPRD

MAY 9, 2024

Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

Traverse Legal Blog

SEPTEMBER 20, 2024

“Influencer Marketing” and “Social Media Brand Endorsement” have become big business. Our law firm represents some of the business’s largest social media marketing agencies and influencers. One reason is that many influencer marketing campaigns allow the brand to measure the return on investment.

Social Media 52

Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 11, 2024

head nod to Judge Friendly ). * * * The plaintiff licenses a photo database to grocery stores for $12k/yr. The plaintiff doesn’t indicate whether or not WGNAFM’s photo usage was licensed, but the court seemingly wouldn’t care if it was. Chicken Joe’s appeared first on Technology & Marketing Law Blog.

Copyright Infringement 115

Copyright Infringement Social Media Copyright Licensing 115

Technology & Marketing Law Blog

FEBRUARY 12, 2024

In 2013, Philpot uploaded the photo to Wikimedia Commons, which is governed by the standard Creative Commons license requiring attribution. Philpot claims his standard photo licensing fee is $3,500, but reuses of the photo from Wikipedia Commons didn’t require any payment (just attribution). ” Market Effect.

Fair Use 105

Fair Use Licensing Copyright Marketing 105

Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market.

Advertising 111

Advertising Advertising Marketing Marketing 111

Technology & Marketing Law Blog

NOVEMBER 16, 2024

McDermott kept the copyright to those photo and granted NY Post a license. McDermott had not actually licensed the photo to anyone else to set a baseline license fee. However we get there, the overall litigation enterprise here makes no economic sense. KMC appeared first on Technology & Marketing Law Blog.

Copyright 102

Copyright Settlement Licensing Litigation 102

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

LexBlog IP

DECEMBER 13, 2023

The post Janssen and Samsung Bioepis Settle STELARA (Ustekinumab) Litigation appeared first on Big Molecule Watch.

Litigation 52

Litigation Settlement Licensing Marketing 52

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 132

Registration Fair Use Copyright Designs 132

SpicyIP

APRIL 15, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. I have also covered the litigative attempts of PPL to continue to issue licenses by getting rights assigned in its favour and cleverly using the first proviso to Section 33(1). PPL’s Revival or Reincarnation?

Registration 105

Registration Licensing Copyright Litigation 105

The IPKat

DECEMBER 7, 2021

The functioning of the market,?and?whether efficiency of SEPs licensing, functioning of the patent?framework?and?FRAND FRAND litigation. and competition and how these?elements?interrelate interrelate with each?other.?? whether there is an imbalance?between between the licensor and licensee. ?? Transparency?in

Patent 143

Patent Intellectual Property Government Publishing 143

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. NYP appeared first on Technology & Marketing Law Blog. Still, its implications are wide-ranging. The complaint.

Copyright 124

Copyright Fair Use Licensing Ownership 124

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 82

Litigation Law Patent Invention 82

The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Giuseppe Mazziotti examines, in Chapter 8, the solutions to online music licensing, adopted by the EU.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126