SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

OCTOBER 9, 2022

There is also no policy guidance from the Indian Copyright Office on whether only humans can be considered authors. The Indian Copyright Office is also unsure how to deal with such applications. As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork.

Registration 124

Registration Art Copyright Artwork 124

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v.

Fair Use 105

Fair Use Copyright Law Copyright Law 105

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. At the same time, Domino made an application to strike out and/or summary judgment.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

The section 2(c) of the 1957 Copyright Act of India defines ‘artistic work’ as any work that includes engraving, sculpture, painting, or a photograph. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v. Take Two Interactive Software, Inc.,

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

The IPKat

OCTOBER 15, 2023

The claim to copyright infringement prevailed and that court prohibited the Respondent from further manufacturing, marketing, and selling its dining table. Background Both the Claimant and Respondent sold dining tables.

Art 70

Art Design Designs Marketing 70

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. 20, 2023) [link] [6] Supra note [7] Akashaditya Harishchandra Lama v.

Cinema 98

Cinema Copyright Blogging Registration 98

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. Therefore, AI may not equipped for generating an original work. internet source) [link] [link] [link] [1] Rupendra Kashyap vs Jiwan Publishing House Pvt Ltd.(1996)

Ownership 90

Ownership Moral Rights Public Domain Intellectual Property 90

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. right to copyright will exist.

Art 52

Art Copyright Artistic Work Public Domain 52

Kluwer Copyright Blog

OCTOBER 30, 2023

Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. The background Lidl opened its first UK store in 1994 and has always operated under the Mark with Text.

Copyright 64

Copyright Copying Design Designs 64

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

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 152 (2020). 152 (2020). [9] 9] Section 2(d), Copyright Act, 1957. [10] Stability AI Ltd. , 1 (2021).

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

JUNE 20, 2023

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

MARCH 11, 2024

The Court ruled that the defendant’s plea for vacation of stay was unfounded and deferred to the plaintiff’s prior trademark and copyright registrations, its oppositions to the defendant’s trademark applications, and its applications for rectification of the defendant’s copyright registration.

Trademark 59

Trademark Registration Copyright Patent 59

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

The IPKat

JUNE 2, 2023

Sculpted by Edvard Eriksen, the statue was ‘re-elaborated’ twice by newspaper Berlingske: one version depicting her with a zombie face during the 2019 election campaign, and the other with a facemask in the midst of the COVID-19 pandemic in 2020. This case sure did and Berlingske got the permission.

Copyright Law 88

Copyright Law Copyright Copyright Infringement Artistic Work 88