Sentences with phrase «alleging infringement by»

REAL also named as defendants a number of real estate brokers, salespeople, multiple listing services, home builders, and rental property managers (collectively, «Proposed Representatives») alleging infringement by making real estate property listings available on websites operated by Move and by operating their own independent websites unrelated to the Move operated websites

Johnson & Johnson v. Miles (1994) Represented Miles in optical systems patent case alleging infringement by Miles of Johnson & Johnson flow cytometry patents.

You agree to defend, indemnify, and hold harmless the Action Network Group and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and / or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

Not exact matches

NBCUniversal, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the «Act»), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first - time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing.

Tesla is being sued by Nikola Motor, which makes hydrogen - powered semi-trucks, in a lawsuit alleging design patent infringements.

You agree to indemnify, defend and hold harmless Franklin Templeton, its subsidiaries and affiliates, and each of its and their officers, directors, employees and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including attorney's fees and costs, arising out of or related to (i) your improper access to or use of this Site, (ii) any violation by you of these Terms of Use, (iii) any User Content that you Submit to or via the Site or (iv) any actual or alleged infringement or violation by you of the intellectual property or other proprietary right of any third party.

Texas - based patent owner PACid Technologies filed a complaint alleging patent infringement committed by South Korean consumer electronics giant Samsung (KRX: 005930).

RMG will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act («DMCA») and other applicable intellectual property laws.

A federal judge in Alexandria, Va., has dismissed a lawsuit alleging copyright infringement by iParadigms LLC, the company that runs the Turnitin plagiarism - detection service.

You may submit your notification of alleged copyright infringement by sending it to our Designated Copyright Agent by mail or email as set forth below.

Jassin says, «Under current law, it is unclear what Amazon must do with monies received by it from an alleged infringement carried out via its eBooks service but not yet remitted to the infringing party.»

You acknowledge that, where permitted by law, PetSmart Charities may charge a fee for forwarding or attempting to forward your notice to the alleged infringer, and for performing any of its other obligations related to the alleged infringement as specified in the Copyright Act.

Two complaints alleging infringement of Canadian law on third - party election advertising were rejected by Elections Canada.

The party alleging contributory infringement must show «(1) direct infringement by a primary infringer, (2) knowledge of the infringement, and (3) material contribution to the infringement.»

The second, brought by the American Psychological Association and the National Council on Measurement in Education, alleged just copyright infringement.

Last October, the grand chamber of the Court ruled in the joined cases of eDate and Martinez (C - 509 / 09 and C - 161 / 10) on the interpretation of Article 5 (3) of the Brussels I Regulation (Regulation 44 / 2001 / EC) in cases of alleged infringement of personality rights by means of content placed on an internet website.

He has extensive experience navigating and litigating disputes alleging misappropriation of trade secrets and violations of restrictive covenants by former employees and competitors, as well as claims of patent infringement, false advertising and other acts of unfair competition.

However, more interesting for other Member States is the argumentation of the Court regarding the point raised by the Belgium that, given the judgments of the Constitutional Court, the alleged infringements are to be deemed to have never existed.

Blackbird's complaint against kCura further alleges that by encouraging third - party hosting providers to use Relativity and its concept - search feature, kCura «knowingly and intentionally actively induces the infringement.»

38 It follows from the foregoing that an action relating to alleged infringement of a trade mark registered in a Member State through the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country - specific top - level domain of another Member State may also be brought before the courts of the Member State of the place of establishment of the advertiser.

[47] In his Statement of Claim, Mr. Waldman alleges that Carswell has committed primary and secondary copyright infringement as defined by the Copyright Act.

34 In the case of an alleged infringement of a national trade mark registered in a Member State because of the display, on the search engine website, of an advertisement using a keyword identical to that trade mark, it is the activation by the advertiser of the technical process displaying, according to pre-defined parameters, the advertisement which it created for its own commercial communications which should be considered to be the event giving rise to an alleged infringement, and not the display of the advertisement itself.

Mr. Whitney's representative work includes a series of successful outcomes pursuing false advertising claims against product review websites, a landmark victory clarifying copyright fair use and parody on behalf of several well - known musicians; a defense win dismissing copyright infringement claims brought by a putative class of attorneys against the leading legal research websites; a favorable outcome for a high - end beauty products company in a trademark and trade dress action against a manufacturer of knock - off products; a district and appellate court decision dismissing all claims by a proposed class against an international bank for alleged violations of, among other things, the Federal False Marking Act, RICO and the CAN - SPAM Act; and counseling prominent art museums and galleries on domestic and international copyright issues.

I am hoping that the court «s role in this case will strike at the very existence of an absolute immunity under two guiding principles: equality under the law (especially when the alleged wrong has been committed by a person who should be held to the highest standards of conduct in exercising a public trust; and any infringement of the Canadian Charter of Rights and Freedoms constitutes «improper purpose» aimed at gaining a private collateral advantage.

Thus, after rejecting the alleged infringement of art. 67 LRJCA by the judgment under appeal, the High Court to understand that it gave a succinct but substantial enough to arguments made in response instance, if it considers, however, an infringement of Art. 6.1 b) of Law 17/2001, of Trademarks, and the applicable case law.

Not true, assuming the host is in the USA and follows the DMCA safe harbors, including removing the alleged infringement when requested by the copyright owners.

Examples of abuse of the PATRIOT Act include its use by the FBI to charge Adam McGaughey for copyright infringement after obtaining financial records from his ISP, tens of thousands of «National Security Letters» and a million financial records for certain Las Vegas businesses, and investigation of potential drug traffickers for alleged future crimes.

[84] Of course our decision fully understood actually lifts the fog that the cloud of litigation concerning the alleged infringement of the Apple registered design by the Samsung Galaxy 10.1, 8.9 and 7.7 tablets must have created.

You may award compensatory damages only for the loss that [the patent holder] proves was more likely than not caused by [the alleged infringer]'s infringement.

In Louis Vuitton Malletier S.A. v Zekria Wakilzada, 2017 ONSC 2409, the Ontario Superior Court of Justice allowed Louis Vuitton to continue their action against a Toronto - area flea market in a novel claim alleging that the landlord was liable in negligence, contributory IP infringement and vicarious liability, because of the sale of counterfeit Louis Vuitton merchandise by flea market vendors.

You should not award damages for any infringement by [the alleged infringer] occurring before it first received notice of the [XXX] patent.

Acted for AAH Pharmaceuticals and Lloyds Pharmacy in patent litigation brought against them by Eli Lilly in relation to alleged infringement of the Olanzapine patent

Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate under section (i) of this paragraph due to such counterclaim.

The national court and parties refer to three alleged infringements of competition law: (i) abuse of dominance consisting in the system of reductions implemented by Riga Airport; (ii) an anticompetitive agreement between Riga Airport and Air Baltic; and (iii) abuse of dominance in the form of predatory pricing by Air Baltic.

The Regulations are already the subject of infringement proceedings by the European Commission who allege that they breach the Services Directive, which required that Member States ease restrictions on advertising by professionals.

A trademark owner must prove three things on a motion for an interlocutory injunction: (i) that its allegations raise a «serious issue» of infringement; (ii) that the harm caused by the infringement if it continues until trial would be «irreparable»; and (iii) that the balance of convenience favours granting an interlocutory injunction e.g. awarding an injunction would not cause any undue inconvenience to the alleged infringer.

In just one example of our defense work, we successfully defended Napster in an alleged mass copyright infringement suit brought by a copyright administrator and 26 music publishers.

Advising a large online designer fashion retailer in respect of alleged trade mark infringement and passing off by a luxury American designer brand.

[44] By filing its Re-examination Request after the commencement of the present infringement action before this Court, the defendant is merely attempting to avoid dealing with the issue of credibility surrounding its alleged prior art.

Even when your ISP forwards a notice from a rights holder alleging infringement, as they are required to by law, the chances of actually being sued are (currently) slim.

Beyond that, there's the crush of litigation: Missed payments for suppliers, a strange quibble over how it landed its website name, a complaint by another Faraday — that is, Faraday Bicycles — over alleged trademark infringement.

Reporters from the Hollywood revealed that the suit which is filed December 29, 2017, is alleging copyright infringement by Spotify and asking for at least $ 1.6 billion in damages and injunctive relief.

Requiring patent demand letters to include basic information about the alleged infringement and the method by which a demand was calculated;

Apple Countersues Qualcomm Alleging Patent Infringement By Popular Snapdragon Processors Apple denied it infringed any of Qualcomm's patent, with the countersuit claiming the patents were invalid in the first place.

After more than a year of litigation, Judge Posner threw the parties out of court, essentially faulting them for not being able to show how each was damaged by the other's alleged patent infringement.

While the timing of the lawsuit makes an out - of - court settlement more likely, such a development may still not be plausible due to the scope of the alleged infringement which could easily make Wixen Music Publishing's settlement demands deemed too high by Spotify.

Among the cases is one involving alleged patent infringement by an online mapping technology and one testing the constitutionality of a municipal requirement for a property inspection at the point of sale.