SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.”

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

The IPKat

AUGUST 30, 2024

The First Defendant, UK Innovations Group Limited (UKIG), was set up in 2020 to launch a product known as the “Stone Cooker”, a range cooker with an electric control system (eControl System) developed by the Second Defendant, Mr McGinley.

Artistic Work 59

Artistic Work Design Designs Marketing 59

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco is descried as a “mid-tier” supermarket: it has a “selection of own-brand and third party products at a range of price points” (Paragraph [51]).

Copyright 64

Copyright Copying Designs Design 64

Kluwer Copyright Blog

MARCH 1, 2023

Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Although dog toys and whiskey bottles seem relatively inconsequential to literature, parody, and creative work, this case could have a dramatic impact on how authors write about, and parody, famous brands.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Avoid brand confusion between Nike and other competitors: Nike plans to merge blockchain technology and streetwear culture and fashion.

Trademark 52

Trademark Ownership Branding Branding 52

LexBlog IP

MARCH 27, 2023

There the Second Circuit held that “section 43(a) of the Lanham Act does not bar a minimally relevant use of a celebrity’s name in the title of an artistic work where the title does not explicitly denote authorship, sponsorship, or endorsement by the celebrity or explicitly mislead as to content.” Grimaldi , 875 F.2d

Artistic Work 52

Artistic Work Designs Design Trademark 52

LexBlog IP

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 5] When counsel for VIP argued that the dog toy was a parody that poked fun at a brand which “took itself too seriously,” Justice Kagan responded: “You make fun of a lot of marks: Doggie Walker, Dos Perros, Smella Arpaw, Canine Cola, Mountain Drool.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 5] When counsel for VIP argued that the dog toy was a parody that poked fun at a brand which “took itself too seriously,” Justice Kagan responded: “You make fun of a lot of marks: Doggie Walker, Dos Perros, Smella Arpaw, Canine Cola, Mountain Drool.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IP Whiteboard

JUNE 7, 2021

Since October 2020, NBA Top Shot (an NFT marketplace created by the NBA that allows fans to buy and sell NFTs of highlight videos featuring their favourite players) has generated more than $200 million USD in sales. Multiple pieces of copyright material may exist in a single digital work.

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

IPilogue

JANUARY 20, 2022

In 2020, visitor figures for the world’s top 100 art museums dropped by 77%. Many museums have made high-resolution images of their collections available online, including the Victoria and Albert Museum, whose online portal hit a record-high level of audience engagement in 2020. and the U.S. New York art attorney Amelia K.

Marketing 111

Marketing Marketing Public Domain Moral Rights 111

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Question: is a political newsletter really artistic? Is this explicitly misleading?

IP 94

IP Trademark Advertising Advertising 94