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In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. Collective Ownership Over Cultural Artwork. Canadian courts have not yet grappled with the issue of collective ownership of Indigenous artwork. Their application was granted in 1997. v Datafile Ltd. ,
Furthermore, the Second Circuit stated that there was “virtually no possibility” of usurpation where the original work was “a children’s song intended for an all-ages audience” and the infringing work was “clearly intended for adult audiences” (citing Lombardo v. Dr. Seuss Enters., 3d 497, 512, S.D.N.Y. Google, Inc.
The plaintiff alleged that the defendant’s use of “Café Social” for its restaurant in Chhindwara, Madhya Pradesh infringes its trademark as it copied the “Social” word mark and the plaintiff’s distinctive artwork representing its trademark. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt.
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