43(B)log
DECEMBER 1, 2022
Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n
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
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LexBlog IP
SEPTEMBER 27, 2021
Ct 1002, 1007 (2017). Although the copyright protection afforded to this design is a thin one that will protect its owner from only “virtually identical” copying, such a right is still highly valuable to many companies in the furniture, housewares, and other industrial design spaces. ” Star Athletica, LLC v.
IP and Legal Filings
JUNE 12, 2023
This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. The Supreme Court’s decisions in the case of Shree Ventakesh Films (SVF) v.
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.
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.
IP and Legal Filings
AUGUST 14, 2023
Person A makes a copy of the movie on his phone and shares it with his friends. Going back to the same example again, the first point of infringement would be where A illegally copied the film. In this scenario, when infringement has become borderless, should the rule of lex loci protectionis be blanketly applied to all the cases?
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