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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’.

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Hacking Fashion Week: IP Guide to Survival

LexBlog IP

The limitation with an unregistered design is that it merely confers the right to prevent third parties from using a design only when it occurs as a consequence of the copying the protected design. Unfair competition may protect your fashion items against copying in two scenarios.

IP 52
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OTT Platforms and Digital Piracy

Biswajit Sarkar Copyright Blog

The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets.

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Critical Analysis on Intellectual Property Rights and its components.

IIPRD

For example, noodles people prefer Maggie over other companies noodles because of the uniqueness in the packaging, taste and also the advertisement which creates an impact on customers to buy the product. This is basically for literary and artistic work. There is a Copyright Act, 1957 which deals with copyright in India.

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n

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Fleshing out the copyright in a tattoo

IP Whiteboard

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. Is it copyright infringement to copy a work and use it as a tattoo? .