Remove Artistic Work Remove Artwork Remove Branding
article thumbnail

[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse? of the Museum District and uploaded on the OpenSea marketplace.

article thumbnail

[Guest Post] Things go belly-up for Aldi in Australia as baby food packaging found to constitute copyright infringement

The IPKat

Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The brands (hereafter Bellies) were licensed to Every Bite Counts Pty Ltd ("EBC"), including a range of Puffs products.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

[Part II] Cryogas Judgment: Supreme Court Stops Copyright from ‘Gaslighting’ Design

SpicyIP

The court (Justice Gautam Patel) reasoned that Section 15(2) only talks about designs, not artistic works and the Designs Act explicitly excludes artistic works from the definition of design. The upshot was that those drawings, not being designs, could retain copyright as artistic works (since 15(2) didnt apply to them).

Designs 59
article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label.

article thumbnail

[Guest post] The NFT Hermés Case: Mainly Relevant for Large Collection of NFTs

The IPKat

the artwork linked to the NFT) representing Hermès Birkin although, in the Metabirkin collection and contrary to the physical Hermés product, the bags are depicted as fur-covered). Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”.

Artwork 95
article thumbnail

DHC Passed Over-broad Order in Louis Vuitton Advertisement Material Copyright Dispute

SpicyIP

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

article thumbnail

A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. Thirdly, Hermès being a cultural symbol of opulence and rarefied status, can be fairly utilized for the portrayal of consumerism and wealth in artistic endeavours [3].