Sentences with phrase «right infringement claims»

Any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules.
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).

Not exact matches

(g) Further, you agree that if the online services, or your possession and use of the online services, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
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.
As a result, if the entrepreneur's new startup derives in any way from work for a previous employer, the previous employer may have a claim for infringement of their intellectual property rights against the new business.
I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.
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.
He can ask them to make it less similar to his (which I imagine will be the ultimate outcome), but claiming they are committing infringement on a platform he owns no rights to (which was the claim in the original letter sent to them) is shortsighted and more a sign of ego than protection of a brand, which is basically LeBron in a nutshell.
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.
He claimed this was an infringement of his freedom of religion under the Human Rights Act, as it meant he couldn't watch the God Channel.
Evans, in a suit filed on Wednesday, claimed that his continued detention without being charged to court is an infringement on his fundamental human rights.
This came a few days after Anselm Eidenojie had filed a suit at Benin High Court against Governor Adams Oshiomhole and several others over his suspension, claiming an infringement on his fundamental human rights.
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.
If you notify us through the procedure we provide on A&A Printing sites for making claims of copyright infringement that a third party has made a Printed Books & Digital Books available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Printed Books & Digital Books through the Program, and will remove the Printed Books & Digital Books from future sale through the Program, as your sole and exclusive remedy.
While no one argues the clear benefits to Google's efforts, especially in terms of book access for the underserved literary demographics and those whose impairments prevent them from enjoying the same textual access that other readers have, the Authors Guild fought the effort claiming copyright infringement, especially in terms of the estates of previous rights» holders.
Apple had claimed patent rights infringement in court stating that the Galaxy Tab 1o.1 was a copy of its iPad.
CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL Loving Pets Corporation respects the intellectual property rights of others and we expect our users to do the same.
By my signature, I also agree to indemnify and hold PETS Magazine harmless from and against all claims, actions, proceedings, damages, losses, liabilities, and costs that may arise from or related to any infringement on any intellectual property rights or other rights of a third party.
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.
over EPA emissions ruling claiming economic damage and States Rights infringement.
You shall indemnify, defend, and hold harmless Tiny House Design & Living LLC from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Tiny House Design & Living LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party's right.
If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims.
To ensure the effectiveness of the right of the victims to claim damages the European Commission presented on 11 June 2013 a proposal for a directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union (COM (2013) 404 final).
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.
Wiley sued Kirtsaeng for copyright infringement, claiming that Kirtsaeng's sale of the textbooks constituted interference with Wiley's exclusive right to distribute the textbooks.
Considering what a mess the Monday testimony and lawyer argument on the effect of the new claim construction was (because, frankly, both parties had previously hedged their bets as they didn't know what the appeals court would do), the jury is probably now very confused about it (and Judge Koh did the right thing by denying both parties» motions for judgment as a matter of law since there are reasonable arguments for and against infringement, for and against validity).
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.
In the light of the foregoing, the General Court decided in both judgments that the sanctions had to be partially annulled, and that there was no need to further examine the banks» claim concerning an infringement of the principle of proportionality and / or of their right to property.
In the case at bar, damages are not a constituent element of the class member's individual claim, but, in any event, a class member is entitled to seek justice for the infringement of his or her rights even if that justice is a non-compensatory remedy enjoining the defendant from its misconduct.
Mr. Baker has experience in all areas of the litigation process in commercial disputes involving false advertising claims, trademark and trade dress infringement claims, copyright infringement claims, data privacy claims, patent infringement claims, art ownership and acquisition claims, trade secrets, right of publicity / privacy claims, consumer protection statute claims, and breach of contract claims.
-- 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.
This claim is particularly significant, says Doley, «Because Egypt's infringement of the rights of Al Jazeera and its employees to freedom of expression (as guaranteed under international law) plays such an important role in its mistreatment of our Al Jazeera» sinvestment».
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.
The Court further decided that the right holder can claim from network operators the costs related to an injunction (e.g. to prevent future infringements), but not the costs related to claims for primary infringements of copyrights by the users of the Wi - Fi network.
AG Bobek comes to the conclusion that Article 7 (2) of the Brussels I Regulation is to be interpreted to mean that the place of jurisdiction for a claim in respect of the entirety of the harm caused by an infringement of personality rights of a legal person is the Member State where that legal person has its centre of interest.
Stewart Sokol & Larkin's general liability defense spans the distance from individual policy holders to large corporations, and we are committed to helping our clients through liability scenarios ranging from personal injury / wrongful death, premises liability, product liability, uninsured / underinsured motorist liability, insurance coverage litigation, civil rights claims, construction defect to patent / trademark infringement.
The rule changes ushered in by the Consumer Rights Act 2015, which came into force in October 2015, should result in an increase in claims arising out of infringement of competition law (for example damages claims relating to cartels, anti-competitive agreements, or abuse of a dominant market position).
Although Justice Fish almost certainly went too far when he claimed that it is «difficult to imagine a search more intrusive, extensive or invasive of one's privacy than the search and seizure of a personal computer,» the fact remains that such a search represents a serious infringement of an individual's right to be secure against unreasonable search and seizure under s. 8 of the Charter.
Except for an action brought for a violation of the rights of the author under section 106A (a), and subject to the provisions of subsection (b), no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.
The Innu of Uashat, Mani - Uteman and Matimekush - Lac John in Northern Quebec brought a $ 900 Million law suit against the Iron Ore Company of Canada and the Quebec North Shore and Labrador Railway, claiming infringements of Aboriginal rights and treaty rights as a result of the companies» mining, port and railway activities.
A person accused of infringement has the right to argue here in federal court that a claimed invention in the patent is not entitled to patent protection because it does not meet the requirements for a patent.
I am of the view that this decision is directly relevant to the matter at hand and greatly narrows the application of interjurisdictional immunity in the context of claims of infringement of Aboriginal rights.
Advising the defendants to a claim for patent infringement, source code copying, and design right infringement in the Patents Court.
If not resolved, attorneys representing the rights - holder file an infringement claim.
Federal law governs patent rights and federal district courts have original jurisdiction in all patent infringement claims.
You should acknowledge and consent that we shall not be responsible for any claims or expenses, including but not limited to, attorney fees that might arise from the use of our products or services being offered on this website, infringement of your property rights or unauthorized access to your account, personal identity or any information stored on any portion of our website.
User agrees to indemnify and hold CareerBuilder Employment Screening, 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 User's use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User's computer, of any intellectual property or any other right of any person or entity.
A statement by you that the information in the notice of claimed infringement is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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