Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. user, service)? Question 2 gave us some clues.

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Copyright Ownership Social Media Licensing 135

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

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Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

The potential flow of advertisement traffic for this content makes them lucrative assets for any commercial establishment. OTT services may implement tools for content recognition and removal of infringing material from User-generated Content (UGC). Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets.

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Kluwer Copyright Blog

AUGUST 29, 2024

AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the Defendants’ control panel. However, the court found that the Defendants were entitled to rely on the defence afforded under section 51 of the Copyright, Designs and Patents Act 1988.

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Artistic Work Designs Design Copyright Infringement 49

IP Whiteboard

AUGUST 30, 2020

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. Does copyright exist in tattoos? Does copyright exist in tattoos?

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Moral Rights Copyright Artistic Work Artwork 52

IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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LexBlog IP

FEBRUARY 26, 2024

For the design to be distinctive in the view of the public it may be necessary that the product is advertised, and this clashes with seasonal trends and the breadth of collections which fashion houses present during various fashion weeks. Fashion show: a work of art? Was it a tribute to Alexander McQueen or copyright infringement?

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SpicyIP

SEPTEMBER 16, 2024

The Court not only delved into an objective examination of the marks from the trademark standpoint, but has also clarified and reasserted the existing legal framework around copyright violations, issues of territoriality and the evidentiary requirements of establishing passing off claims by the contesting parties.

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Trademark Branding Branding Brands 81

IP and Legal Filings

OCTOBER 11, 2022

Starting from an Actor promoting tourism advertisements to a cricketer promoting daily life snacks, we live in a celebrity-driven economy. Section 13(1) of the Copyright Act speaks about the applicability of protection to: 1. Original literary, dramatic, musical, and artistic works; 2. INTRODUCTION. Sound recordings.

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Personality Rights Artistic Work Trademark Copyright 52

IP and Legal Filings

SEPTEMBER 12, 2022

The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted. According to section 13 (1)(a) of Copyright Act of 1957 copyright subsists in original literary, dramatic, musical and artistic works. right to copyright will exist. Corel Corp.

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Art Copyright Artistic Work Public Domain 52

IP and Legal Filings

MAY 3, 2023

The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. The Copyright , Designs and Patents Act of 1988 in the United Kingdom specifies in Section (1)(1)(a) that copyright exists in “original literary, dramatic, musical, or artistic works.”

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Copyright Public Domain Copying Publishing 98

Kluwer Copyright Blog

OCTOBER 30, 2023

Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. This assisted in demonstrating detriment to the distinctive character of the Mark with Text.

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LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. fall within the scope of fair use.’” Id.

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IP and Legal Filings

APRIL 7, 2023

Introduction When creative authors, performers, and artists worked in the past, they did so mainly because of their image and notoriety than for the objective of earning a living from their endeavors, so their works were written, performed, or created to safeguard their reputation.

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Music Law Copyright Intellectual Property 52

IP and Legal Filings

JANUARY 22, 2024

The domain of copyright deals with the literary, musical, dramatic, and artistic works, and cinematograph films. Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. The example of the application of this model is the way Jstor works.

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

Google Llc vs Makemytrip (India) Private on 14 December, 2023 (Delhi High Court) Image from here A Single Judge bench of the Court had previously held that the use of trademarks ‘MakeMyTrip’ and ‘MMT’ of the Respondent as keywords by Google in its advertising services would constitute infringement of the Respondent’s mark. and Ors. ,

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SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides.

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Trademark Registration Copyright Patent 59

Intepat

APRIL 4, 2025

Unlike patents or trademarks, copyright protection begins as soon as the artistic work is created, without requiring registration. In India, the Copyright Act, 1957, under Section 2(c) defines the term artistic work. In India, the Copyright Act, 1957, under Section 2(c) defines the term artistic work.

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Copyright Infringement Art Copyright Artistic Work 52

SpicyIP

JULY 10, 2024

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement. & Ors.

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