SpicyIP

JANUARY 16, 2022

On 8 December 2021, the Madras High Court delivered an important judgment concerning copyright law. Registration of Copyright society.— (1) The High Court held that the business of granting copyright licenses can be carried out only through the copyright societies. I intend to critically analyse this judgment.

Technology 91

Technology Licensing Artistic Work Business 91

SpicyIP

MARCH 9, 2025

There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. 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.

Trademark 59

Trademark Patent Copyright Patent Application 59

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 Designs Design 111

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.” Mandabach sued under §43(a) and coordinate state law claims and sought cancellation of a trademark registration.

Social Media 93

Social Media Television False Advertising Artistic Work 93

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

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

Contrast between UK and US approaches Under English law, specifically the Copyright, Designs and Patents Act 1988 (“ CDPA ”), artistic works created by a computer can benefit from copyright protection (although there is no copyright registration system in the UK).

Copyright 97

Copyright Intellectual Property Artistic Work Technology 97

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.

Designs 40

Designs Design Copyright Artistic Work 40

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 Designs Design Branding 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. Comment If you ever needed a case that stressed the importance of the specificity of evidence, then you need not look further than this saga.

Artistic Work 94

Artistic Work Registration Law IP 94

LexBlog IP

JULY 12, 2023

Contrast between UK and US approaches Under English law, specifically the Copyright, Designs and Patents Act 1988 (“ CDPA ”), artistic works created by a computer can benefit from copyright protection (although there is no copyright registration system in the UK).

Copyright 52

Copyright Intellectual Property Artistic Work Government 52

IP and Legal Filings

AUGUST 12, 2024

The International Intellectual Property Rights Conventions, such as the Paris Convention for the Protection of Industrial Property, (1883), and the Berne Convention for the Protection of Literary & Artistic Works (1886) facilitate cooperation among the nations, promote innovation, and protect creators’ rights globally.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

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.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

FEBRUARY 12, 2024

They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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

SpicyIP

OCTOBER 9, 2022

This copyright office granted registration in this case. The basis of grant of registration is not clear. It appears that the Copyright Office granted this registration by mistake, without applying its mind, as it issued a withdrawal notice , around one year later. As reported , this notice was issued around November 2021.

Registration 124

Registration Art Copyright Artwork 124

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. The work must be written down in order to get registration of copyright.

Copyright 98

Copyright Artistic Work Registration Music 98

SpicyIP

JULY 5, 2021

However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. July 2, 2021].

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

SpicyIP

AUGUST 2, 2021

India formally acceded to the Locarno Agreement on June 7, 2019, and subsequently, the Design Rules, 2001 were amended in January 2021. In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957. July 26, 2021]. July 29, 2021].

Reporting 116

Reporting Designs Design IP 116

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.

IP 94

IP Trademark Advertising Advertising 94