Sentences with phrase «such infringement with»

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Not exact matches

Upon being served with a cease - and - desist letter for patent infringement, «your first response is this is ridiculous, this was such common sense, this was not patentable, and then the reality sinks in, and you have to fight this,» says Raghu Kulkarni, founder and chief executive of IDrive.

Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:

Ever since the Stelmach administration passed the Land Stewardship Act last year and alienated rural conservatives with its infringement of property ownership, wealthy rural landowners such as J.C. Anderson and others have been seething.

But even with this restriction, there should be considerable opportunity to argue that international law might inform such matters as: the content of the duty to consult, the significance of the right to culture, the respect that should be accorded to indigenous conceptions of property, and the question of what might constitute an unjustifiable infringement of an aboriginal right or title or a treaty right: see my post on the Supreme Court's Grassy Narrows decision here.

Such of these other manufacturers, including defendant, whose use of the word «Tabasco» came to the knowledge of plaintiff and its predecessors, have been warned to the effect that they have no right to use the word in connection with the sauce, or to use similar packages, and quite a number of suits for infringement have been filed by plaintiff, most of which have been terminated by consent decrees.

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.

Such infringement is not done with any other charitable donations that contribute to a public good and for which donors receive a reduction in their taxes.

Nearly every day, teachers must deal with diverse laws related to issues such as child abuse, student discipline, negligence, defamation, student records and copyright infringement.

Such statements reflect the current views of Barnes & Noble with respect to future events, the outcome of which is subject to certain risks, including, among others, the general economic environment and consumer spending patterns, decreased consumer demand for Barnes & Noble's products, low growth or declining sales and net income due to various factors, including store closings, higher - than - anticipated or increasing costs, including with respect to store closings, relocation, occupancy (including in connection with lease renewals) and labor costs, the effects of competition, the risk of insufficient access to financing to implement future business initiatives, risks associated with data privacy and information security, risks associated with Barnes & Noble's supply chain, including possible delays and disruptions and increases in shipping rates, various risks associated with the digital business, including the possible loss of customers, declines in digital content sales, risks and costs associated with ongoing efforts to rationalize the digital business and the digital business not being able to perform its obligations under the Samsung commercial agreement and the consequences thereof, the risk that financial and operational forecasts and projections are not achieved, the performance of Barnes & Noble's initiatives including but not limited to its new store concept and e-commerce initiatives, unanticipated adverse litigation results or effects, potential infringement of Barnes & Noble's intellectual property by third parties or by Barnes & Noble of the intellectual property of third parties, and other factors, including those factors discussed in detail in Item 1A, «Risk Factors,» in Barnes & Noble's Annual Report on Form 10 - K for the fiscal year ended April 30, 2016, and in Barnes & Noble's other filings made hereafter from time to time with the SEC.

While the peripheral itself wasn't causing the laws to be broken, the device was assisting others with breaking such laws, it was assisting and contributing with such infringements.

In addition, pursuant to 17 U.S.C. Section 512 (c), the site has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

Copyright - infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

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.

The Andy Warhol Museum and its staff assumes no responsibility for the determination of copyright status or copyright infringement on the part of our users, nor does it prohibit users from making copies for private study, scholarship, or research unless pre-existing agreements with intellectual property license owners prevent such photography.

your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which Climate Central may be found, and (ii) you will accept service of process from the claimant who provided Climate Central's designated agent with notification of the alleged infringement in accordance with the DMCA, or an agent of such person.

Registration allows the agent an enhanced ability to prevent parallel trading of goods and a clear evidential basis upon which to proceed with any actions for trade mark infringement (such as dealing with counterfeit goods).

After a jury's finding of patent infringement, the court rules on a number of pre -(damages)- trial motions, with 3 such rulings of interest.

As such, a corporate counsel might consider creating an avatar with which to travel into Second Life and determine whether other users are committing infringement.

It follows that if inequality of opportunity between economic operators, and thus distorted competition, is the result of a State measure, such a measure constitutes an infringement of Article 86 (1) EC [now Article 106 (1) TFEU] read together with Article 82 EC [now Article 102 TFEU](see the judgment in Connect Austria, EU: C: 2003:297, paragraph 84).

Mediated a patent infringement case arising from a patent directed to a method of compressing digital images such as pictures taken with a digital camera, which method was adopted by the JPEG standard

With a degree in chemical engineering, Pete focuses on chemical and mechanical patent prosecution and disputes such as Inter Partes Reviews (IPRs), as well as federal trademark prosecution, cancellation and opposition proceedings, trade secrets, copyrights, transaction diligence, negotiation and drafting of IP terms in agreements, licensing, validity and infringement opinions, and litigation support.

The Firm's sports and entertainment practice group provides counsel in the prosecution and defense of litigation matters such as infringement of a copyright or trademark, violation of a right of publicity, breach of a contract, interference with a contractual relationship or failure to pay royalties or licensing fees.

You are hereby advised that unless you inform us within the week that you will immediately cease and desist from the manufacture, sale and use of such flat arcuate wires for use in brassieres, you will leave us with no other alternative but to forward the matter to my Canadian associates for institution of legal proceedings for infringement of the aforesaid patent.

The Court instructs the national court to take into account the fact that if co-defendants in the main proceedings are each separately accused of committing the same infringements with respect to the same products, and if such infringements were committed in the same Member States in such a manner that they adversely affect the same national parts of the European patent at issue, the claims are connected and there is a risk of irreconcilable judgments (Solvay, par.

This provides a clear schism between the case law of the Strasbourg Court, which not only identified an unjustifiable interference with article 8 on the basis of «sanctions», as relied on by the Court in these proceedings (para. 58), but more importantly, found the «mere existence of such laws to be an infringement of Article 8» [Dudgeon v UK, Norris v Ireland and Modinos v Cyprus].

These questions deal with three particular issues: whether damages for copyright infringement can be claimed from an ISS, whether an injunction can be ordered against a «mere conduit» intermediary, and whether an ISS can be held liable for non-compliancy with such an injunction.

The majority of the suits are related to blog postings, with the remainder related to a variety of issues, such as defamation, copyright infringement and fake profiles on social media.

The Law Offices of James Scott Farrin employs paralegals and case managers who deal with a variety of cases — from personal injury cases involving soft tissue injuries, head and brain injuries and serious bodily injuries, to workplace injuries involving workers» compensation, as well as other types of cases such as those involving patent infringement and civil rights.

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM - related issues.

If such content includes aboriginal and treaty rights and title and such law is still held to be applicable it is hard to imagine that there is an infringement of s. 35 that requires engagement with the justifiable infringement analysis.

Assisting Virgin's in house team with their IP needs, including advising on issues of trade mark infringement, passing off, company name disputes and domain disputes, as well as providing non-contentious advice on matters such as licensing arrangements.

The purpose of such a statement is to disavow the reading of any impression that the person making the statement is affiliated with the trademark owner, because the gravamen of a trademark infringement suit is that the person using the trademark mislead a consumer into thinking that the person using the trademark was endorsed by or affiliated with the trademark owner.

Such instances exhibit potential flaws with the current system and how the current system for reporting design patent infringement on e-commerce platforms is still fairly unsophisticated.

The Court of Justice instructs the national court to take into account, inter alia, the dual fact that, first, the defendants in the main proceeding are each separately accused of committing the same infringements with respect to the same products and, secondly, such infringements were committed in the same Member States, so that they adversely affect the same national parts of the European patent at issue.

In case of violation / infringement of any IPR such as trademark infringement by any employee / representative or any third party infringing upon the IPR of the Company, the Compliance Team of the Company would first investigate the matter in association with its Advocates and make recommendations to the Director / CFO for resolution of such violation / infringement including need for any legal course of action.

«Further, we are actively exploring alternatives that would enable us to continue to provide the same level of service that we always have and eliminate any issue of infringement, if such is determined with finality by the courts.

The music streaming service is reportedly looking to go public on the New York Stock Exchange, with most indicators pointing to a Q1 2018 IPO but not accounting for a copyright infringement lawsuit which emerged Tuesday as Wixen Music Publishing demanded $ 1.6 billion from Spotify over its supposedly unlicensed use of thousands of songs, including creations authored by established musicians such as Neil Young, Tom Petty, and the Doors.

Client portfolio consulting such as patent analysis, infringement analysis, communication with corporate legal counsel concerning ongoing patent activities, and application strategy.

If you believe your work has been copied and posted on or through the Site or our Services in a way that constitutes copyright infringement, please send us a notification of claimed infringement with all of the following information: (a) identification of all copyrighted work claimed to have been infringed; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL (s) of the claimed infringing material satisfies this requirement); (c) your contact information, such as an address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.