Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage”

Comments Off on Taking Time to “Date” Before Pursuing an IP Acquisition “Marriage” Written by on May 22, 2015 | Posted in IP Licensing Deals, IP Transactions

Print this postLately many of my technology clients have been negotiating deals involving the purchase or sale intellectual property, so this Forbes story on choosing the right acquisition partner caught my attention. The author carried an interesting analogy about dating through the piece, and listed a number of considerations that a business should have before […]

Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams

Comments Off on Lessons from the Copyright Infringement Verdict Against Robin Thicke and Pharrell Williams Written by on March 12, 2015 | Posted in Commercialization of Intellectual Property, Copyright Cases of Interest, Copyright Infringement, IP Licensing Litigation, Music Licensing

Print this postA verdict was reached earlier this week in the copyright infringement case between Robin Thicke and Pharrell Williams and the children of Marvin Gaye, finding that the 2013 song “Blurred Lines” infringed on the copyright in Marvin Gaye’s 1977 song “Got to Give it Up.”  Tech Times reported that Gaye’s children have been […]

Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line

Comments Off on Pitfalls in Negotiating and Drafting Exclusive Licensing Deals: Lessons from Macy’s Dispute with JcPenney’s Over its Martha Stewart Product Line Written by on March 4, 2015 | Posted in Commercialization of Intellectual Property, IP Licensing Deals, IP Transactions

Print this postWhen a new client contacts me for assistance in negotiating a licensing deal, the client almost always informs me that the deal is going to be an exclusive licensing arrangement.  However, when I engage the client further to tell me more about the proposed exclusivity deal, in most cases the proposed terms on […]

Steering Clear of Marketing Traps Around Milestone Events

Comments Off on Steering Clear of Marketing Traps Around Milestone Events Written by on February 7, 2014 | Posted in Trademark Licensing

Print this postIf you are in the marketing/advertising business, your success depends largely on coming up with innovative new ways to promote a customer’s product or event offering.  Thus, when a milestone event arises in the sports, music, or film worlds, you may be inspired to try to capitalize on those events by tying your […]

Supreme Court to Hear Streaming TV Over the Internet Case

Comments Off on Supreme Court to Hear Streaming TV Over the Internet Case Written by on February 3, 2014 | Posted in Content Licensing, Copyright Infringement, IP Licensing Litigation

Print this postLike many cable and satellite TV consumers these days, I have been closely following the new options on the market for streaming TV service and hoping that the day will soon come when I can significantly reduce my monthly subscription costs without cutting off my access to live TV.   With the cost […]

Google Announces Controversial Decision to Factor Receipt of DMCA Notices into Ranking of Websites

Comments Off on Google Announces Controversial Decision to Factor Receipt of DMCA Notices into Ranking of Websites Written by on August 15, 2012 | Posted in Content Licensing, Copyright Infringement

Print this postGoogle has just made a controversial announcement that it will now be factoring the number of “valid” DMCA notices that it receives on a particular website into how it ranks that website in its search results. The Wall Street Journal reported: Google’s move comes as Google itself is attempting to become a major […]

PayPal Launches New Internet Controversy over Decision to Censor Erotica Content Sold through Platform

Comments Off on PayPal Launches New Internet Controversy over Decision to Censor Erotica Content Sold through Platform Written by on February 27, 2012 | Posted in Content Licensing, IP Licensing Deals, IP Transactions

Print this postPayPal has set off a new controversy on the Internet by advising e-book sellers that they must remove all erotica content off their websites or PayPal will stop doing business with them.   In particular, PayPal is apparently concerned with content dealing with erotica fiction containing rape, incest, and bestiality, reported Technolog on MSNBC’s […]

Lessons for Silicon Valley Companies in Apple Trademark Dispute

Comments Off on Lessons for Silicon Valley Companies in Apple Trademark Dispute Written by on February 16, 2012 | Posted in IP Licensing Litigation, Trademark Filings, Trademark Licensing, Trademark Litigation

Print this postIn case you have not been following the story, Apple has found itself in the middle of a trademark dispute in China over the use of its mark “iPad,” as MSNBC reported on its website yesterday. You might wonder how in the world this happened, given Apple’s large, IP savvy legal department and […]

Seventh Circuit Court of Appeals Issues Ruling Which Affirms Rights in an Exclusive License to Joint Intellectual Property

Print this postI just spent about five hours on the phone with multiple clients over the last few weeks explaining to them the ins and outs of exclusively licensing joint intellectual property, so I was pleased to see the decision of the Seventh Circuit Court of Appeals in the Wisconsin Alumni Research Foundation v. Xenon […]

Series on ALI Software Contract Principles: Clarify Rules on Implied and Express Warranties in Software Contracts

1 Comments Written by on June 23, 2009 | Posted in Software Licensing

Print this postWe continue today with our series on the new American Law Institute Principles of the Law of Software Contracts with a discussion of what software companies need to know about the Principles’ treatment of warranties. Again, for any of you who have not read our earlier postings on this subject, the importance of […]

Electronic Frontier Foundation Launches New Site to Track Modifications to Online Terms and Conditions

Comments Off on Electronic Frontier Foundation Launches New Site to Track Modifications to Online Terms and Conditions Written by on June 8, 2009 | Posted in Content Licensing, Internet Transactions

Print this postThe Electronic Frontier Foundation (“EFF”) has just launched a new website to track companies’ modifications to their terms and conditions: TOSback.org. According to an explanation on the website, TOSbackup.org was launched with the intention of increasing public awareness about online terms of service, and to help the public monitor changes to the terms […]

Associated Press Interview Offers Some Insight on its Plans to Police Blogosphere

Comments Off on Associated Press Interview Offers Some Insight on its Plans to Police Blogosphere Written by on June 4, 2009 | Posted in Content Licensing, Copyright Infringement, IP Licensing News

Print this postAs the Silicon Valley IP Licensing Blog has been reporting, the Associated Press has already initiated an effort to impose its view of what constitutes fair use on the blogosphere. However, I came across today an interesting interview by Ars Technica, which offers some insight on how the Associated Press plans to go […]

Series on ALI Software Contract Principles: Changes Default Rule from Implied Warranty to Implied Indemnification Against Infringement

Comments Off on Series on ALI Software Contract Principles: Changes Default Rule from Implied Warranty to Implied Indemnification Against Infringement Written by on June 4, 2009 | Posted in Software Licensing

Print this postAs we posted yesterday, the American Law Institute has just approved its Principles of the Law of Software Contracts. As promised, we are launching today the first in a series of postings on the new Principles to educate our blog readers in the software industry on the practical implications of these Principles. If […]

American Law Institute Approves Principles of the Law of Software Contracts

2 Comments Written by on June 3, 2009 | Posted in Software Licensing

Print this postThe American Law Institute (“ALI”) recently approved at its 86th Annual Meeting the proposed final draft of the Principles of the Law of Software Contracts. For those blog readers who are not familiar with the ALI, this is a legal professional organization, which is known for publishing authoritative restatements of the law. It […]

Blogosphere Reacts to Licensing Terms for Amazon’s New Kindle Publishing for Blogs

Comments Off on Blogosphere Reacts to Licensing Terms for Amazon’s New Kindle Publishing for Blogs Written by on May 26, 2009 | Posted in Commercialization of Intellectual Property, Content Licensing, Copyright Infringement, IP Licensing News

Print this postAmazon has just released the beta of its new Kindle Publishing for Blogs, and the blogosphere is starting to react to Amazon’s new licensing terms in its terms and conditions. What are bloggers saying? Well, the early consensus seems to be that while the concept of blog content licensing to Kindle is good, […]

Collaborating Can Create Legal Headaches if the Appropriate IP Agreements Are Not in Place

Print this postIf you run a small business, you have probably given some thought over this recession to how you might be able to collaborate with other businesses to generate some additional revenue for your business. I know that this is definitely something that I have been thinking about for my practice, and it is […]

Anticipating Likely Copyright Battle, Amazon Backs Down Over Kindle 2 Audio Feature

Print this postAnticipating a likely copyright battle over its new Kindle 2 audio feature, Amazon has backed down on its previous position and announced that publishers and authors will be able to decide whether to enable the feature. The Author’s Guild first signaled that a fight was brewing when it issued a February 12th alert […]

Facebook Adopts Townhall Format to Allow Users to Comment and Vote on New Statement of Rights and Responsibilities

Comments Off on Facebook Adopts Townhall Format to Allow Users to Comment and Vote on New Statement of Rights and Responsibilities Written by on March 2, 2009 | Posted in Content Licensing

Print this postReversing its course again for the third time in less than a month, Facebook has proposed another new set of terms and conditions and is adopting a townhall format to allow users to comment and even vote on the new changes. CEO Mark Zuckerburg explained the new changes at the Facebook Blog as […]

Facebook Reverses Decision and Announces Temporary Return to Prior Terms and Conditions

Comments Off on Facebook Reverses Decision and Announces Temporary Return to Prior Terms and Conditions Written by on February 18, 2009 | Posted in Content Licensing

Print this postFollowing up on our blog posting yesterday regarding the recent controversy over a Facebook decision to amend its terms and conditions, Facebook has decided to reverse its previous decision and temporarily adopt its previous terms and conditions. Facebook CEO Mark Zuckerberg announced the change of policy late last night, stating as follows: Many […]

Facebook Licensing Controversy Prompts Public to Take Closer Look at Social Networking Site Terms and Conditions

4 Comments Written by on February 17, 2009 | Posted in Content Licensing

Print this postFollowing on the heels of a 2007 controversy over its privacy and advertising policies, Facebook has now set off a new controversy on the web with its decision to amend its terms and conditions, which deal with the licensing of content posted to its site. The provision at the heart of this controversy states as follows: You are solely […]

Maintenance Agreements: How to Ensure Your Revenue Stream Continues Through the Recession

Comments Off on Maintenance Agreements: How to Ensure Your Revenue Stream Continues Through the Recession Written by on February 8, 2009 | Posted in Software Licensing

Print this postIt’s inevitable: in a recession, most businesses are trying to cut costs wherever they can.   Every business owner is seeing the effects of this all around them. So, if you are a software company, how do you keep your maintenance agreements from being the target of one of these cuts? The Software Licensing […]

More on Renegotiating Contracts in the Bad Economy

Comments Off on More on Renegotiating Contracts in the Bad Economy Written by on January 23, 2009 | Posted in IP Transactions

Print this postFollowing up on my blogposting earlier this week on how the Bad Economy Presents an Opportunity to Renegotiate Contracts, I came across today a timely article addressing the same issue by The Wall Street Journal.  According to The Wall Street Journal, small businesses are having a lot of success in renegotiating contracts in […]

Is Your Business Infringing on the Intellectual Property in Other Companies’ Logos?

1 Comments Written by on January 21, 2009 | Posted in Trademark Licensing

Print this postIncreasingly, I have noticed a trend with websites: more and  more, companies are displaying other companies’ logos on their websites.  In fact, when my new website was in development, my developers proposed that I do the same. However, if you are displaying other companies logos on your website, there is a high likelihood that […]

Bad Economy Presents Opportunity to Renegotiate Contracts

Comments Off on Bad Economy Presents Opportunity to Renegotiate Contracts Written by on January 21, 2009 | Posted in IP Transactions

Print this postWhile the bad economy has stopped much of the deal activity going on in the business world, the poor economy presents one opportunity that you may have overlooked: the opportunity to renegotiate your contracts. Why does a bad economy provide such a good opportunity for renegotiation?  Well, the answer is fairly obvious: in […]

Copyright Reform: Is it Time to Take Patent Reform Off the Table and Work on Copyright Reform?

Comments Off on Copyright Reform: Is it Time to Take Patent Reform Off the Table and Work on Copyright Reform? Written by on November 12, 2008 | Posted in IP Legislation, IP Licensing Litigation, IP Licensing News, Music Licensing

Print this postGiven where we are on the patent reform debate, is it time to move patent reform off the table and work on copyright reform? If you haven’t heard many calls for this lately, you are not alone, but according to Wired, Judge Miriam Hall Patel, who presided over the Napster case has had […]

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