Intepat

MARCH 13, 2025

COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.

IP 52

IP Design Designs Artistic Work 52

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. 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

SpicyIP

SEPTEMBER 3, 2024

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.

Advertising 103

Advertising Advertising Copyright Branding 103

SpicyIP

MARCH 9, 2025

Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.”

Trademark 59

Trademark Patent Copyright Patent Application 59

IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

Design 97

Design Designs Artistic Work Technology 97

IIPRD

MARCH 13, 2025

All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. It helps in building brand identity, goodwill and consumer trust. Hence, by understanding the different types of IPR, you can make informed decisions about protecting your brand, invention, or creative work.

Intellectual Property 52

Intellectual Property Registration Design Designs 52

IP and Legal Filings

MAY 24, 2024

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].

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Branding 104

The IPKat

OCTOBER 27, 2021

Modern copyright jurisprudence offers protection, not only to classical types of literary and artistic works such as books and movies (as an illustrious example, Denis Villeneuve’s new Dune adaption, in cinemas everywhere), but also to less inherently artistic and perhaps more mundane expressions of human creativity.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Kashishipr

SEPTEMBER 20, 2021

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. The label in question was designed by an employee of SK Oil Industries. Defendant’s Response.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

JULY 13, 2022

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

Copyright 95

Copyright Artistic Work Design Designs 95

IP and Legal Filings

SEPTEMBER 20, 2023

The Trademarks Act 1999- The Act intends on protecting the name of the brand by registering the trade name of the brand, hence eliminating the possibility of any other person using it without facing consequences. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.

Design 105

Design Designs Copyright Copyright Infringement 105

IPilogue

MARCH 14, 2023

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

JD Supra Law

JANUARY 19, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. 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.”.

Artistic Work 65

Artistic Work Intellectual Property Music Branding 65

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer. However in the case of A.

Intellectual Property 98

Intellectual Property Artistic Work Design Designs 98

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Copyright violation refers to when an unauthorized user infringes the original work of another individual.

Copyright 89

Copyright Branding Brands Branding 89

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Moreover, the IPR eases the market development and establishes a solid brand identity. It also help in protection of commercial exploitation.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

IP and Legal Filings

NOVEMBER 15, 2021

Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works. For one, it is relatively easy to replicate copyrighted works in cyberspace. Image Source: gettyimages].

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

IPilogue

MARCH 1, 2022

This article was prompted in part by Tabathia, also known as The Adorned Fox (“TAF”), whose post on trademarking her brand spurred me to reach out and learn more about her experience. Emily (E): What prompted you to protect TAF and trademark your brand? What about with larger brands (i.e.,

Social Media 105

Social Media IP Business Brands 105

Intepat

NOVEMBER 8, 2024

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Intepat

NOVEMBER 4, 2024

Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.

Social Media 52

Social Media Copyright Ownership Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. However, if an artist comes up with an original depiction of Santa Claus then it shall be copyright protected on account of being an original artistic work of that artist.

IP 52

IP Artistic Work Intellectual Property Branding 52

Intepat

DECEMBER 30, 2024

Beyond its functional role of safeguarding goods from damage, packaging serves as a powerful communication tool between brands and consumers. The visual and aesthetic aspects of packaging often act as unique identifiers for a brand, fostering consumer recognition and trust.

Trademark 52

Trademark Copyright Artistic Work Copyright Law 52

Kashishipr

MARCH 16, 2022

Trademarks (referred to as logos and brand names in a layman’s language) are the source identifiers intended to safeguard the general public from getting confused about the origin of products and services available in the market. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

SEPTEMBER 16, 2024

CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. A Prolonged Struggle for Device Supremacy Dating back to the early decades of the 20th century, with the cropping up of the two fashion brands, the dispute primarily revolved around the rights of the parties vested in the impugned mark.

Trademark 81

Trademark Branding Brands Branding 81

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. 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.”

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

LexBlog IP

AUGUST 17, 2023

Essentially, trademarks are for the things that identify the brand or that a product or service is being offered by a particular brand. Copyright is for artistic works, and there can be overlap between trademarks and copyright. The post Do You Copyright or Trademark a Business Name?

Business 40

Business Trademark Copyright Artistic Work 40

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment.

Litigation 52

Litigation Artistic Work Branding Brands 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite. COPYRIGHT OR DESIGN.

Editing 52

Editing IP Artistic Work Design 52

IPilogue

AUGUST 16, 2022

August asserts that the Defendant, AirG Inc, a Canadian social media brand, committed copyright infringement by reproducing six of Pugliese’s Jennifer Lopez photos on their website without permission. They sought $22,412.45 in damages, which is the total license fee for the photos. According to the Copyright Act RSC 1985, c.

Copyright Infringement 104

Copyright Infringement Copyright Registration Social Media 104

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

Artistic Work 45

Artistic Work Design Designs Copyright 45

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

Given the fact that the copyright law was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Here a person can make a fake website impersonating itself to be the original website of any famous brand.

Copyright Law 52

Copyright Law Copyright Law Social Media 52

Kashishipr

AUGUST 17, 2022

Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intellectual Property Law Blog

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 5] When counsel for VIP argued that the dog toy was a parody that poked fun at a brand which “took itself too seriously,” Justice Kagan responded: “You make fun of a lot of marks: Doggie Walker, Dos Perros, Smella Arpaw, Canine Cola, Mountain Drool. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

IP and Legal Filings

JUNE 12, 2023

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. It has become a common to modify brand names, movie titles etc. Parody is often taken as a defence in trademark infringement suits.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

The IPKat

NOVEMBER 20, 2022

Artistic works?) Here, digitisation of cultural heritage materials raises its own brand of challenges quite separate from the physical cultural heritage themselves. Oriakhogba also weighs in on the perennial issue of the classification of cultural heritage materials (are they expressions of folklore?

Ownership 96

Ownership Copyright Intellectual Property Law Government 96

The IPKat

SEPTEMBER 24, 2021

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights. VMNL) or both that person and their licensee (i.e.

Ownership 91

Ownership Artistic Work Contracts Copyright 91