SpicyIP

MARCH 9, 2025

Later, he discovered the trademark had expired since 2002 without prior notice, violating Rule 58(3) of the Trade Marks Rules, 2017. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978. Citing Jaisuryas Retail Ventures v.

Trademark 59

Trademark Patent Copyright Patent Application 59

The IPKat

JANUARY 17, 2024

In 2017, the Regional Court of Bucharest held that the defendants had infringed the professor’s moral right of attribution. Călinescu , it will be required to tackle the question of what makes a derivative work protectable and what ‘freedom’ and ‘creativity, both cumulative requirements under the EU originality test, mean in this context.

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Derivative Work Editing Copyright Music 137

IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v. Vipul Amrutlal Shah (2009) and MRF Limited v.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

Kluwer Copyright Blog

JUNE 30, 2021

In 2017 the documentary titled “Burlesque: Heart of the Glitter Tribe” was released on Netflix, Amazon, and Apple. The song “Fish Sticks n’ Tater Tots” was composed by the plaintiffs in 2011. The song shows a student’s journey from her classroom to the school’s cafeteria to have fish sticks and tater tots for lunch. Dr. Seuss Enters.,

Fair Use 105

Fair Use Copyright Law Copyright Law 105

LexBlog IP

SEPTEMBER 27, 2021

Ct 1002, 1007 (2017). Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v. Varsity Brands, Inc., ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

OCTOBER 19, 2022

Literary, dramatic, and artistic works are recognized as protected works under Thailand’s Copyright Act B.E. Apart from the copyright of an NFT’s underlying work, NFTs are also subject to property rights as stipulated under Section 37 of the Constitution of Thailand B.E. 2537 (1994). Conclusion.

Artwork 90

Artwork Copying Contracts Copyright 90

IP and Legal Filings

JUNE 29, 2024

The status of the right to privacy as a fundamental right was established with the Puttaswamy judgment in the year 2017 [2] , due to which the development of the right to publicity as an aspect of the right to privacy in India is at the nascent stage. It usually entails review, commentary, satire, comedy, criticism over the original work.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

IP and Legal Filings

JANUARY 24, 2023

Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. In India, section 14 of the Copyright Act [2] defines copyright in terms of the exclusive rights granted to the owner of the copyright. [3]

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

The IPKat

SEPTEMBER 21, 2022

While the High Court’s decision essentially incorporated the new proposed section 19D contemplated by clause 20 of the Copyright Amendment Bill [B 13B-2017] into the Copyright Act, the ConCourt only addressed access to “published literary works, and artistic works as may be included in such literary works, in accessible format copies”. [Is

Copyright 40

Copyright Artistic Work Copying Publishing 40

IP and Legal Filings

SEPTEMBER 11, 2024

For a work to be copyrightable, it must be “original ” and fixed in “ tangible form”, such as a sound “recording recorded on a CD” or a “literary work printed on paper ”. [2] 2] A musical work is the composition itself and does not include the lyrics or any sounds. “It When it comes to songs, copyright gets pretty interesting.

Music 103

Music Copyright Ownership Copyright Law 103

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. With the progression in innovation of AI it is not an impractical notion to give acknowledgment to the work created by it.

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

The IPKat

MARCH 25, 2022

A key issue identified by the Hearing Officer was the use of WONDER WOMAN as a trade mark and the comparisons that could be drawn between it being used as the title of an artistic work.

Artistic Work 94

Artistic Work Registration Law IP 94

IIPRD

APRIL 8, 2024

In India, Section 2(d) of the Copyright Act, 1957 defines, “author” as, “ concerning any literary, dramatic, musical or artistic work which is computer generated, the person who causes the work to be created”. [9] 23, 2017), [link] [2] [link] [3] What Are the Copyright Rules Around AI Art? 5] Andersen v.

Art 52

Art Artwork Intellectual Property Copyright Law 52

IP and Legal Filings

AUGUST 14, 2023

2017) <[link] accessed on 11 June 2023 Facebook Twitter LinkedIn WhatsApp The post The Choice Of Law Debate In Copyright Infringement first appeared on IPLF. Garimella and S. Jolly (eds.)2017)

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. 1] In Italy, there are three principal cases to look to for guidance.

Artwork 59

Artwork Public Domain Art Copyright 59

IIPRD

JANUARY 29, 2023

The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. To identify such fictional works, we generally rely upon two tests Character Delineation Test [10] and Story being told Test. [11] 10] Nichols v Universal Pictures Co, 45 F.2d

IP 52

IP Artwork Contracts Intellectual Property 52

Kluwer Copyright Blog

SEPTEMBER 16, 2021

For the reasons outlined above, the debate under the ECL should no longer focus on the possibility for the judge to issue the injunction itself, but rather on the choice of measures that the latter should seek out to ensure optimum levels of protection of literary and artistic works.

Copyright 59

Copyright Art Marketing Marketing 59

SpicyIP

FEBRUARY 12, 2024

Read Yogesh’s critique of the judgement in light of DHC’s OpenTV decision and the CRI 2017 Guidelines. They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

MAY 6, 2024

The Court held that plaintiff has made out a clear prima facie case; that the plaintiff has the necklace registered in Italy and since India is a member of Berne Convention for the Protection of Literary and Artistic Works, under Section 40 of the Copyrights Act, 1957 the registration in Italy can prove copyright infringement in India.

Trademark 59

Trademark Invention Licensing Patent 59

LexBlog IP

SEPTEMBER 13, 2023

But the Greek Copyright Office (OPI) in a circular issued in 2017 clearly but obviously erroneously states that the possession of TV or Radio sets creates a presumption of use/communication to the public of works protected by the relevant CMOs. 7 of Law 4481/2017).

Music 52

Music Television Copyright Related Rights 52

Technology & Marketing Law Blog

JUNE 20, 2023

In April 2017, it filed a lawsuit against Goldsmith and her agency (now known as Lynn Goldsmith, Ltd., Applying this standard, the Court held “parody has an obvious claim to transformative value,” because “it can provide social benefit, by shedding light on an earlier work, and, in the process, creating a new one.” 1600 (1982).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

The IPKat

FEBRUARY 27, 2024

Earlier this February, South Africa’s Portfolio Committee on Trade, Industry and Competition began the process of consideration and report on the Copyright Amendment Bill [B13F-2017]. In addition to the foregoing, clauses relating to circumstances where the author of literary or musical works, visual artistic work, etc.

Copyright 72

Copyright Artistic Work Copying Reporting 72

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. For example, in 2017, battery supplier LG Chem sued Amperex Technology Ltd. Intellectual Property Considerations.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Barry Sookman

MAY 4, 2020

2017) (quoting Torah Soft Ltd. EnCana Corporation , 2016 ABQB 230, affirmed 2017 ABCA 125. According to the court, which relied on the Australia Telstra decision, the data was protected as an original literary and artistic work: Clearly a human author is required to create an original work for copyright purposes.

Intellectual Property 52

Intellectual Property Inventor Invention Copyright 52