Sentences with phrase «including infringement claims»

Not exact matches

The U.S. Supreme Court on Monday refused to hear a bid by major record labels to revive copyright infringement claims against video - sharing website Vimeo for hosting content that included songs by famed bands such as the Beatles, the Jackson 5, and the Beach Boys without permission.

Last year, the New York - based 2nd U.S. Circuit Court of Appeals disagreed, finding that the DMCA applied to infringement claims brought under federal and state law, including oldies songs.

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.

Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud...

You agree to indemnify and hold Help Scout, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys» fees, made by any third party due to or arising out of your use of the Help Scout Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

You agree to indemnify, defend and hold harmless the Company, its web site (s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys» fees and court costs) arising from or relating to any allegation regarding: 1.

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.

Member agrees to indemnify and hold Selective Mutism Association, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys» fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

By submitting images to Mass Audubon Picture This photo contest (hereafter referred to as «the photo contest»), participants agree to indemnify, defend and hold harmless Mass Audubon, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, losses, claims, actions, demands or damages of any kind arising from or in connection with the photo contest (collectively, «Losses»), including without limitation any third party claim for copyright infringement or a violation of an individual's right to privacy and / or publicity right.

To be effective, the notification of your claim of copyright infringement should be written and should include the following:

Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively the «Released Parties») from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.

25.6.3 in any matter that involves any of the foregoing claims, for resolution or decision of any question of fact or law required to resolve such claim, including, but not limited to, questions required to decide or rule with respect to the infringement, misappropriation, validity, enforceability or ownership of any copyright, patent, trade secret, trademark, service mark or trade dress or with respect to any remedy or relief at law or in equity for any such infringement or misappropriation or for any violation of such Sections 1201 and / or 1202.

If you believe that any Content, User Material, or other material provided through the Tubi Services, including through a link, infringes your copyright, you should notify Tubi of your infringement claim in accordance with the procedure set forth below.

Photographer hereby releases, indemnifies, and agrees to hold harmless the Museum, its trustees, officers, employees, and agents from any and all liability, claims, suits, actions, damages, settlements and expenses, including reasonable attorney's fees, arising out of injuries to persons, damages to property, claims based on alleged defamation or infringement of rights to copyright, trademark, service mark or other intellectual property, or rights to privacy and / or any and all other damages in connection with Photographer's activities and use of the Museum's facilities or equipment, whether from an occurrence at the Museum facility during such use, or at any other time and place, AND NOTWITHSTANDING ANY NEGLIGENCE THAT MIGHT BE ALLEGED AGAINST, OR ATTRIBUTED TO THE MUSEUM OR ANY PERSON INDEMNIFIED HEREUNDER.

By entering, participants agree to indemnify, defend and hold harmless Scenic Hudson, its respective subsidiaries, affiliates, directors, officers, employees, attorneys, agents and representatives, from any and all third party liability for any injuries, loss, claim, action, demand or damage of any kind arising from or in connection with the competition (collectively, «Losses»), including without limitation any third party claim for copyright infringement or a violati

Hershey sued seeking a declaratory judgment that its app didn't infringe Hottrix's copyrights on iMilk, and Hottrix counter-sued with a number of claims, including copyright infringement, unfair competition and tortious interference, alleging that Hershey copied the «look and feel» of iMilk.

Lucas has litigated a variety of matters, including actions for breach of contract, interference torts, unfair business practices, misappropriation, copyright and trademark infringement, profit participation claims, idea submission claims, and media torts including defamation, invasion of privacy, right of publicity and misappropriation of name and likeness in all media, including the Internet.

Matthew Moffa has a broad intellectual property practice that includes litigating patent infringement claims before the federal courts, prosecuting patents for high - tech companies, and practicing before the U.S. Patent Trial and Appeal Board (PTAB).

Prosecuting and defending IP infringement claims, including trademark, copyright, patent (including patent trolls), and trade secret litigation, in both State and Federal Courts throughout the United States and in front of the USPTO.

Intellectual property disputes, including claims of patent, trademark and copyright infringement

The Court conceded that its decision would increase the risk of liability for indirect infringement claims amid public concern about perceived abuses of the patent system, including infringement actions by patent - assertion entities and deceptive patent demand letters.

The «Steve Jobs patent» is theoretically being enforced against Samsung through an ITC import ban that entered into force in October 2013, but simultaneously with an infringement finding relating to older products, the ITC cleared Samsung's designaround products for this patent, including among various others the Galaxy Note, because the ITC concluded that they don't practice at least one limitation of the asserted claims of the» 949 patent.

Technomed brought a claim against the Defendants for infringement of several rights including (i) the sui generis database right in the Database; (ii) copyright in the Database; and (iii) copyright in the diagrams and explanatory materials.

Personal Audio has filed lawsuits against several podcasters and media companies, claiming patent infringement by popular programs such as NBC's The Adam Carolla Show and by CBS for its podcast distribution of multiple shows including The Voice and Meet the Press.

In theory, your registered copy would need to include some portion that becomes the subject of a future infringement claim, either as a copy or as a derivative work.

In addition to his national trade secrets and noncompete litigation practice, Russell's practice concentrates on complex business litigation, including high - tech matters, copyright infringement matters, trademark disputes, unfair competition claims, business - to - business matters, and breach of contract claims.

Numerous issues in dispute during in AIA proceedings parallel issues likely to arise is subsequent district court infringement and declaratory judgment actions, including claim construction, novelty, and obviousness.

Section 1338 (a) requires federal courts to hear cases involving claims for relief under the Patent Act, including infringement and declaratory judgment actions.

-- A service provider shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the provider referring or linking users to an online location containing infringing material or infringing activity, by using information location tools, including a directory, index, reference, pointer, or hypertext link, if the service provider --(1)(A) does not have actual knowledge that the material or activity is infringing; (B) in the absence of such actual knowledge, is not aware of facts or circumstances from which infringing activity is apparent; or (C) upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to, the material; (2) does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; and (3) upon notification of claimed infringement as described in subsection (c)(3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, except that, for purposes of this paragraph, the information described in subsection (c)(3)(A)(iii) shall be identification of the reference or link, to material or activity claimed to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate that reference or link.

At oral argument, counsel for Cuozzo argued that the PTAB should apply the Phillips claim construction analysis to IPR proceedings for several reasons: 1) BRI only applies when a claim under review may be freely amended; 2) Congress intended the IPR process to be «adjudicatory» rather than «examinational;» and 3) the two different standards would result in anomalies, including situations where claims mean «one thing for patentability in the Board, but a wholly different thing for infringement in the district courts.»

Her experience includes both first - party and third - party insurance disputes involving claims for copyright infringement, misappropriation of likeness / right of publicity, trade disparagement, class action securities fraud, Department of Justice and grand jury investigations, actuarial malpractice, class action predatory lending, class action right - of - way / trespass, class action property and environmental damage, class action toxic tort, personal injury / class action mass tort, insurance broker - agent liability, and reinsurance.

Mr. Kaplan has successfully represented various insurers in a multitude of complex coverage disputes, including disputes stemming from claims for directors and officers liability, professional liability, environmental contamination, disparagement of competitor's products, violation of false claims act statutes, construction defects, trademark, copyright and patent infringement, and violation of constitutional rights.

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.

In May, the state of Vermont enacted legislation directed to «bad faith assertion of patent infringement» which included factors a court may consider to determine if a patent claim is abusive.

2103 and 3582, decided June 23, 2010 (D.C. S.D. N.Y.), a case in which the plaintiffs alleged direct and secondary infringement claims, including claims for «inducement» contributory liability.

He is persuaded by the strongly worded dissent of Judge Rader, who calls the prior art that forms the basis of the majority opinion — including a Marilyn Monroe card with a diamond attached and a piece of a sheet supposedly slept on by John Lennon — «wholly irrelevant» and expresses his opinion that the inventor was entitled to have a jury hear his infringement claims.

The kinds of representation we provide involve: (1) litigation and appeals regarding a wide variety of legal issues; (2) employment disputes, including discrimination claims and accusations of noncompliance with wage and hour laws; (3) intellectual property matters regarding patents, trademarks and copyright infringements; (4) commercial real estate matters; (5) business law disputes; and (6) alternative dispute resolution («ADR») matters, including mediation and arbitration cases.

Mr. Nelson has practiced in federal courts all across the United States, and his litigation experience involves all aspects of litigation from pre-litigation analysis and negotiation through jury trial, including managing discovery and disputes, taking and defending depositions, selecting and preparing fact and expert witnesses, preparing and arguing dispositive and non-dispositive motions, preparing and arguing claim construction positions and briefing, and developing case strategies regarding the infringement, validity, and enforceability of patents.

I specialise in reputation management claims (including defamation, harassment and privacy claims) and intellectual property disputes (including trade mark, copyright and design right infringement claims, breach of confidence claims and domain name disputes).

Our advice included: advising the company on the full range of applicable consumer financial services and bank regulatory laws in an effort to ensure efficient and compliant product and service development; the successful defense of a confidential state regulatory inquiry into certain business practices; and negotiating a private resolution to private, civil claims of alleged trademark infringement and cyber theft.

Nat also represents clients in all types of commercial and business law disputes, including cases involving claims of violations of non-competition and non-solicitation agreements, misappropriation of trade secrets, copyright infringement, defamation, breach - of - contract, and tortious interference with contract issues.

J. Christopher Fox, II (Business Litigation)-- Fox is a partner whose practice encompasses a broad range of commercial disputes, including contractual issues arising in the financial services arena, matters relating to restrictive covenants and unfair competition claims, and litigation of patent and trademark infringement claims, as well as defense and prosecution of claims for misappropriation of trade secrets.

Recent matters handled include fraud cases, major joint venture disputes in the energy field, and claims for intellectual property infringement.

Defendants prevailing on a successful motion to dismiss copyright infringement claims also requested $ 177,366.75 in fees (including $ 43,123.58 in «fees on fees») and $ 3,819.95 in routine costs.

He has represented manufacturers of skin care products, including sunless tanning lotions, sunscreens, and moisturizing lotions, in eliminating trademark infringement and copyright violations on the internet, as well as defending claims of false labeling, false advertising and unfair competition.

As part of the consideration to induce MC to undertake its obligations and perform its services with respect to your order, you and your applicable representatives each agree jointly and severally to indemnify and save harmless MC, and its affiliates, employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys» fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and / or any other actual or potential claims or suits that may arise out of MC's obligations and / or services with respect to your order.

Advising and representing a global technology company in a number of patent litigations, including defending it against standard - essential patent assertions and against the largest ever damages claim brought in patent infringement proceedings in Germany.

provincial laws, including those related to natural resource development, apply to lands for which Aboriginal title is claimed or is proven, subject to justification and the constitutional protection against unreasonable infringement;

Lex Machina's trademark data lets you analyze federal cases with one or more claims involving Lanham Act violations, including claims of trademark infringement, trademark dilution, unfair competition, or cybersquatting, including declaratory judgment actions.

Complex Commercial Litigation: assists in representation of leading corporations and financial institutions in complex commercial litigation, including patent infringement claims and securities investigations.