2023 Artistic Work Trademark Law 
The IP Law Blog
JANUARY 19, 2023
In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based
Intellectual Property Law Blog
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. 2023) (slip op., 1125(c)(3)(A).
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LexBlog IP
JANUARY 19, 2023
In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.
IP and Legal Filings
MARCH 28, 2024
Introduction The year 2023 was a high for Indian cinema- with the love of the country for the big screen soaring high with box office numbers. 1] The Copyright Act protects certain types of works, which are included in Section 13. 27, 2023) [link] [2] Krishika Lulla v. 20, 2023) [link] [10] Arbaaz Khan Production (P) Ltd.
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. Supreme Court, Brief for Petitioner (11 January 2023), page 3, available here. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it.
LexBlog IP
MARCH 9, 2023
They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. 22-cv-384 (JSR), 2023 U.S.
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.
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