IP and Legal Filings

SEPTEMBER 17, 2021

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

Designs 97

Designs Design Artistic Work Technology 97

IPilogue

MARCH 21, 2022

In September 2021, the IPilogue reported that India’s copyright office recognized the RAGHAV Painting App (“RAGHAV”), an artificial intelligence (“AI”) tool, as an author of the copyright-protected artistic work, Suryast. requiring some human participation for AI-generated works to receive authorship); and.

Registration 119

Registration Copyright Intellectual Property Public Domain 119

The IPKat

FEBRUARY 4, 2025

EBC licensed the nine bright and colourful artistic works and used them on various food products including biscuits, puffs and fiddlesticks. Aldi began selling the baby puff products in 2021. baby, young, and fully-grown) to allude to natural progression.

Copyright Infringement 59

Copyright Infringement Artwork Copyright Designs 59

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Shayna Jan is a 3L J.D.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. 2021 WL 5795306 (N.D. The statutory exception for depicting people in literary and artistic works doesn’t apply to the associated ads (?). Callahan v.

Advertising 111

Advertising Advertising Social Media Blogging 111

The IPKat

NOVEMBER 1, 2022

Fast forward to March of 2021 and Levers decided to publish a sequel, this time with a publisher. So, what was the work registered under Copyright #102327 on June 9, 1953.? The original copyright certificate simply says that Seabrook registered an “unpublished literary and artistic work entitled Ogopogo”.

Copyright 128

Copyright Artwork Due Diligence Publishing 128

IPilogue

NOVEMBER 30, 2021

In May 2021, a phenomenal IPilogue submission by Keir Strickland-Murphy (Osgoode Law ‘22) touched on the recent boom of Non- fungible Tokens. In May 2021, Emily Ratajkowski sold an NFT called “ Buying Myself Back: A Model for Redistribution” at Christie’s for $140,000 (plus fees). Photo by cdd20 ( Unsplash ).

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

IPilogue

DECEMBER 13, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings. Samantha Melhado is a 3L J.D. The sound of your alarm marks the start to your day.

Social Media 111

Social Media Intellectual Property Design Designs 111

SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies.

Technology 91

Technology Licensing Artistic Work Business 91

43(B)log

SEPTEMBER 1, 2021

2021 WL 2497928, No. May 19, 2021) Mandabach produces the TV series Peaky Blinders , and it alleged that it owned trademarks and other intellectual property of the show “and certain quotations/sayings/phrases from the show.” But Mandabach waited until November 2020 to sue and moved for a preliminary injunction only in March 2021.

Social Media 93

Social Media Television False Advertising Artistic Work 93

IPilogue

MARCH 31, 2023

assisted works could be given protection and whether I could get an image I had made with an A.I. as an artistic work in Canada on December 1 st , 2021, for “ Suryast ” with CIPO (Registration no. Recently, while hearing the debates about AI and authorship, I was intrigued about whether A.I.

Registration 105

Registration Copyright Ownership Artistic Work 105

IP and Legal Filings

OCTOBER 12, 2023

We are aware that copyright is given to the original creator of a literary or artistic work and that recipes are just personalised interpretations of existing ideas, which suggests that it is common knowledge, hence it lacks the first requisite i.e. originality to be eligible for protection under copyright. 2021, February 9).

Copyright 98

Copyright Intellectual Property Ownership Fair Use 98

The IPKat

DECEMBER 22, 2021

Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect from March 9, 2022.

Copyright 133

Copyright Moral Rights Copying Publishing 133

IP Tech Blog

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA. This includes protection for new and emerging technologies, such as for AI-generated works.

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

43(B)log

OCTOBER 25, 2021

2021 WL 4843905, NO. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. As the court notes, “[t]he plaintiffs’ use of its mark Flora-Bama relates primarily to its facility, not to the title of an artistic work.” ViacomCBS INC.,

Artistic Work 45

Artistic Work Social Media Television Trademark 45

The IPKat

DECEMBER 30, 2021

2021 was certainly a wild ride, but this ride isn’t over just yet. In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

Intellectual Property 64

Intellectual Property Artistic Work Design Designs 64

IPilogue

NOVEMBER 17, 2021

In September 2021, Indigenous model and activist Quannah Chasinghorse turned heads at the Met Gala wearing a gold cut-out gown by Peter Dundas and traditional Navajo turquoise jewelry. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

MARCH 9, 2025

Given the petitioners extensive and continuous use of ‘ZEPTO’ since 2021 and the respondents lack of bona fide intent, the Court ordered the removal of the impugned mark from the Trade Marks Register. Chotiwala Food And Hotels Private vs Chotiwala & Ors. Vennootschap (Sr.

Trademark 59

Trademark Patent Copyright Patent Application 59

IPilogue

SEPTEMBER 23, 2021

Section 13(2) provides one exception: where the work is done by an author-employee for their employer as part of their job and there is no contrary agreement. All this applies to cinematographic works, a species of dramatic work, as the Quebec courts recently confirmed: Choko v Munden 2021 QCCA 786 at [12], aff’ing Glasz c.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

LexBlog IP

SEPTEMBER 13, 2022

2021 WL 1201086 (E.D.N.Y.). The parties settled in April 2021. The Court found for the filmmakers, holding that the Lanham Act should only apply to artistic works “where the public interest in avoiding consumer confusion outweighs the public interest in free expression.” Nike, Inc. MSCHF Product Studio, Inc.

Artistic Work 52

Artistic Work Trademark Art Designs 52

Kluwer Copyright Blog

JUNE 30, 2021

On appeal, on 18 May 2021 the US Court of Appeals for the Second Circuit (‘Second Circuit’) upheld the District Court’s decision. Goldsmith , an early 2021 case on (denied) fair use of photographs depicting the popstar Prince by Andy Warhol. Background. The song “Fish Sticks n’ Tater Tots” was composed by the plaintiffs in 2011.

Fair Use 105

Fair Use Copyright Law Copyright Law 105

The IPKat

APRIL 18, 2022

Image: Riana Harvey On 16th November 2021, Domino's solicitors wrote to Mr Hebden making an offer to settle, which included paying the damages sought and costs. He seeks a declaration as to the true construction of his contract and monetary relief, capped at £70,000. The songs have since returned to streaming platforms.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. 25, Issue6, 2021 ● [link] ● [link] ● [link] -mika-singh-and-ors.html Author: Aratrika Manhas, B.A. ISSN:1583-6258, Vol.

Privacy 98

Privacy Law Intellectual Property Music 98

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. Beijing Zhongrong Hengsheng Wood Industry Co.

Design 40

Design Designs Copyright Artistic Work 40

The IPKat

SEPTEMBER 21, 2022

As IPKat readers may recall, the BlindSA ’s pursuit of other legal means to achieve its aim of using copyright exceptions to legitimise unlicensed access to copyright-protected works for visually impaired persons was successful at the High Court.

Copyright 40

Copyright Artistic Work Copying Publishing 40

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.” ” Id.

Artistic Work 52

Artistic Work Designs Design Trademark 52

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company. She has amassed over 99.2k

Social Media 105

Social Media IP Business Branding 105

Selvam & Selvam Blog

JULY 19, 2021

As of 2021, we do not have AGI, and AI researchers and scientists are skeptical about its existence in the near decades to come considering the various complexities involved in the formation and development of AI. But interestingly, Deep Blue could not even beat a teenager at tic-tac-toe. It is a panoply of human skills.

Copyright Law 52

Copyright Law Copyright Law Intellectual Property 52

LexBlog IP

JULY 12, 2023

The USCO rejected Kashtanova’s application to the extent it covered the images of the comic book (as opposed to the text) on the basis that AI-generated portions of the work lack the “human authorship” required to gain copyright protection in the USA.

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

The IPKat

MARCH 25, 2022

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.

Artistic Work 94

Artistic Work Registration Law IP 94

LexBlog IP

SEPTEMBER 15, 2022

June 2021: Roc-A-Fella Records sues its co-founder Damon Dash, alleging that Dash’s attempt to mint Jay-Z’s album “Reasonable Doubt” as an NFT constituted unlawful conversion of the copyright in the album owned by Roc-A-Fella. Hermes Int’l et al. Rothschild , Case No. Roc-A-Fella Records, Inc. Dash , Case No.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

The IPKat

OCTOBER 15, 2023

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original.

Art 70

Art Design Designs Marketing 70

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

IIPRD

JANUARY 29, 2023

The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. To identify such fictional works, we generally rely upon two tests Character Delineation Test [10] and Story being told Test. [11] 3] Section 17 of the Copyright Act, 1957. [4]

IP 52

IP Artwork Contracts Intellectual Property 52

IIPRD

JUNE 8, 2024

of total exports in 2020–2021 [3]. Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff. Mr. Tharun and his company designed and produced a minimum of twenty models with distinctive designs and creative work that was either printed or stitched onto the fabric.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

IIPRD

AUGUST 11, 2023

According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed. Manga-ka has also started producing official translations in collaboration with fans overseas and publishing them online by the end of 2021.

Art 52

Art IP Intellectual Property Copyright 52