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Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.”
The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artisticworks, design, symbols, names, and images used in the business. Moreover, the IPR eases the market development and establishes a solid brand identity. It also help in protection of commercial exploitation.
August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. The same was true regarding the address listed on the 2012 syndication agreement between Pugliese and August. They sought $22,412.45
Given the fact that the copyright law was originally framed to protect literary and artisticworks, it needs to be seen how much the law has evolved to grant protection to digitalized works. Here a person can make a fake website impersonating itself to be the original website of any famous brand. Indian Scenario.
Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artisticwork’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or ArtisticWork?
However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Therefore, the same cannot be protected under Indian Copyright law as a literary or artisticwork but could be protected under passing off law if a case is made for it.
It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.
Not all marketing of artisticworks is noncommercial speech. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? citing Hustler v. Falwell and Mattel v. City of Los Angeles, 697 F.3d
Flora-Bama logo The Flora-Bama has been featured in artisticworks by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artisticwork. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.
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