LexBlog IP

MAY 18, 2022

If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”) for 25 years in China. For comparison, U.S. Like in the U.S.,

Design 40

Design Designs Copyright Artistic Work 40

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.”

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Intellectual Property Litigation Trademark Artistic Work 105

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? Understanding tattoos through the lens of copyright What exactly is a tattoo?

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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? Understanding tattoos through the lens of copyright What exactly is a tattoo?

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

The IPKat

MARCH 25, 2022

On 30 July 2020, DC filed a Notice of Opposition and Statement of Grounds. 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.

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Artistic Work Registration Law IP 94

SpicyIP

DECEMBER 4, 2023

Image from here SpicyIP Tidbit: India-Pakistan Basmati Dispute Dismissed by DHC Adding another layer of spice to the Basmati rice IP dispute between India and Pakistan, recently the Delhi High Court dismissed the 15 years old suit against the export of Basmati rice by India, for non-prosecution from the plaintiff since 2020.

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Registration Artistic Work Technology Patent 59

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”. As part of this scheme, in September 2020, Tesco introduced the Clubcard Prices promotion: Tesco Clubcard holders were given discounts at the point of sale on certain products.

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Copyright Copying Design Designs 64

LexBlog IP

SEPTEMBER 11, 2023

The court notes that “the single legal question presented here is whether a work generated autonomously by a computer falls under the protection of copyright law upon its creation” Thaler v. United States copyright law protects only works of human creation” Id. Perlmutter , 1:22-cv-01564, 6 (D.D.C. photographs).

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Copyright Law Copyright Technology Registration 52

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

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

Kluwer Copyright Blog

APRIL 17, 2024

Against that background, this blog post provides some tentative musings on the impact of text-to-image generators on human artistic creativity by analysing recent US and Canadian copyright registrations for artistic works. For simplicity, I will label this ‘commercial significant artistic creativity’.

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Artistic Work Registration Copyright Ownership 110

SpicyIP

DECEMBER 15, 2023

US Copyright Office issues another ruling on AI-authorship and copyright, reaffirming its decision to reject Ankit Sahni and RAGHAV’s artistic work. Subject work on which copyright registration was sought. Interestingly, the artwork also led to controversy in India when it was granted registration in November 2020.

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Artwork Registration Artistic Work Derivative Work 59

SpicyIP

MARCH 11, 2024

First, it argued that the plaintiff concealed material information that the registration of its mark was removed for non renewal in 2010 and was renewed only in 2019. Second, the defendant was able to obtain copyright and trademark registrations for its device marks during the above interim phase.

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Trademark Registration Copyright Patent 59

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

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

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IP Trademark Advertising Advertising 94

IIPRD

JUNE 8, 2024

of total exports in 2020–2021 [3]. Furthermore, if a design is eligible for registration within the Designs Act, 2000 but has not been registered, it can only be protected within the Copyrights Act if its owner produces it in an “industrial process” no more than fifty times.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

IPilogue

SEPTEMBER 23, 2021

15(1) of the Berne Convention on the Protection of Literary and Artistic Works 1971 [ Berne ], which requires the author to prevail if their name appears on the work in the usual manner. Registration then provides all the contrary proof needed for the registrant to rebut the author/owner presumption ( Act, s.

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Ownership Copyright Intellectual Property Design 92

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts).

Trademark 105

Trademark Blogging Trademark Law Fair Use 105