43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

JUNE 12, 2023

If presentation of subject-matter or an idea is similar to the original work, then it amounts to copyright violation. In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. s commercial.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

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. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

IIPRD

MARCH 4, 2024

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. It is basically giving a right to the original creator, so that no one uses that work. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Over time, courts began to accept that cameras and even computers can be used as tools for artistic creation.

Artwork 98

Artwork Blogging Art Copyright 98

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].

Law 105

Law Branding Brands Branding 105

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?

IP 52

IP Design Designs Copying 52

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. Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

SEPTEMBER 16, 2024

Effectively, the Court has permanently restrained CIPL’s use of the mark through manufacturing, selling, offering for sale or advertising the products on which it was affixed. Following this, it was observed that the creator of the artistic work in CIPL’s mark was free to derive inspiration from the general concept of a crocodile.

Trademark 81

Trademark Branding Brands Branding 81

LexBlog IP

FEBRUARY 28, 2022

19] In addition, the panel distinguished the Prince Series from the Warhol-like painting the Google court had described in dicta , noting that “[t]he fact that the Goldsmith Photograph and the Prince Series were both created for artistic purposes makes this a different case from, for example, ‘[a]n artistic painting. 15] Cariou v.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

LexBlog IP

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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.

Music 52

Music Law Copyright Intellectual Property 52

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation are essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Whether you’re looking to secure a spot in an art school, land an art-related job, or vying to get a show at a gallery, the quality and effectiveness of your portfolio presentation is essential. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence.

Artwork 52

Artwork Art Social Media Marketing 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws. 1] In Italy, there are three principal cases to look to for guidance.

Artwork 55

Artwork Public Domain Art Copyright 55

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

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. United Biotech Pvt.

Trademark 59

Trademark Registration Copyright Patent 59

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.”

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. Slides here.

IP 94

IP Trademark Advertising Advertising 94

SpicyIP

JULY 10, 2024

In the present case, neither is the mark used in relation to the goods of the appellant nor in any manner takes undue advantage of association with the NBC like in circumstances illustrated above. In the present instance, the claim for infringement arises as the design of the NBC logo contains copyrighted content. & Ors.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

IP and Legal Filings

SEPTEMBER 30, 2022

Even presently, user creation and ownership of valuable assets and currencies contribute to developing a unified metaverse, which includes VR Technology, Augmented Reality, virtual currencies, NFTs, and other similar technologies. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts).

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

OCTOBER 1, 2023

Under Copyright Act, 1957 —most of these may come under the category of works in which copyright subsists. My submission is that it has to be safety against disparagement, dilution, advertising related passing off and offences of similar nature/gravity. But, ‘safety’ against what?

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111