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.” Oomerbhoy Pvt.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

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. Consequently, trademark infringement is becoming a concern in this new world. NIKE’S CONTENTION: i. THE IMPLICATIONS OF THE CASE.

Trademark 52

Trademark Ownership Branding Branding 52

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. Ameya Vinod Khopkar Entertainment, 2020 SCC OnLine Bom 11301 [9] Rakshana.

Cinema 98

Cinema Copyright Blogging Registration 98

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both agreements are governed by the World Intellectual Property Organization. iv] Sameer Wadekar & Anr.

Intellectual Property 96

Intellectual Property IP Government Invention 96

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. Trademarks may be used to protect names, logos, emblems, and other symbols that appear on websites. & Ors.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Kluwer Copyright Blog

JUNE 30, 2021

In 2020 the District Court agreed with the defendants that the use of the song in the documentary was fair use and hence granted the motion to dismiss. The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. by Tito Rendas. € by Martin Senftleben. €

Fair Use 105

Fair Use Copyright Law Copyright Law 105

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. VIP Products , those parody rights are at risk.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

LexBlog IP

MARCH 27, 2023

2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. The toy replaces the text “Jack Daniel’s Old No.

Artistic Work 52

Artistic Work Design Designs Trademark 52

Kluwer Copyright Blog

JUNE 18, 2021

The Beijing Treaty on Audiovisual Performances (BTAP, hereinafter the “Treaty”) came into force on 28 April 2020 in the first thirty contracting parties (the minimum number required). The Copyright / Trademark Interface: How the Expansion of Trademark Protection Is Stifling Cultural Creativity. by Tito Rendas. €

Related Rights 97

Related Rights Moral Rights Contracts Intellectual Property 97

SpicyIP

MAY 6, 2024

However, the impugned judgment is contradictory because the argument that the trademark had not been used for preceding five years by the appellant’s predecessor-in-interest was accepted by the Court in the context of rectification proceedings. The plaintiff also holds trademark registration for “Serpenti ” etc.

Trademark 59

Trademark Invention Licensing Patent 59

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.

Design 40

Design Designs Copyright Artistic Work 40

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.

Registration 59

Registration Artistic Work Technology Patent 59

IIPRD

JUNE 8, 2024

of total exports in 2020–2021 [3]. Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Design Designs Branding 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent Application 59

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Design 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”. 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.

Copyright 64

Copyright Copying Design Designs 64

IPilogue

JANUARY 17, 2022

While the public was free to use and copy Winnie the Pooh’s image in Canada long before January 1, 2022, they had to be careful not to make their works accessible in the U.S. where the work was still protected by copyright. Milne’s original 1926 works are freely available. or other jurisdictions such as the U.K.

Public Domain 105

Public Domain Intellectual Property Copyright Social Media 105

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Patent and Trademark Office (“USPTO”), climbing from 3,773 in 2010 to 5,319 in 2019 (see Figure 1). 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. district courts, the U.S.

Intellectual Property 52

Intellectual Property Journalism Technology IP 52

Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] If another’s mark is used within the title or content of an expressive work, the Rogers test prevents a finding of infringement under 15 U.S.C.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94