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

Corsearch

SEPTEMBER 28, 2023

Within the realm of trademark infringement, counterfeiting emerges as a specific violation, wherein individuals or enterprises replicate registered trademarks verbatim to deceive customers, masquerading these imitations as genuine products from your brand. The following outlines the steps for submitting an infringement complaint on Alibaba.

Branding 59

Branding Brands Branding Intellectual Property 59

IPilogue

DECEMBER 9, 2021

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Corsearch

FEBRUARY 29, 2024

Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.

Branding 59

Branding Brands Branding Intellectual Property 59

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 Branding Brands 89

The IPKat

MARCH 2, 2023

The French fashion house sued Hermés for trade mark infringement, essentially referring to a risk of confusion for consumers, as well as trade mark dilution and cybersquatting. Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”.

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

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. Domain names can be referred to as the “online trademark” of a company.

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

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

JUNE 12, 2023

Introduction The word ‘parody’ refers to work that uses humor as a means to critique, ridicule, or expose the flaws in existing work. A parody, by its nature, requires the audience to recognize the original work, and the way the work is critiqued or ridiculed. References Civic Chandran v/s C.

Copyright Law 105

Copyright Law Copyright Law Copyright Infringement 105

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. References.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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

IPilogue

NOVEMBER 30, 2021

Unique identification is a valuable tool for the many luxury brands and auction houses that have started using the blockchain to sell or auction their products. If we refer to the computer serial number example, just because you own one version of a computer does not mean you own the patent for the underlying software in the computer.

Non-Fungible Tokens 110

Non-Fungible Tokens Art Moral Rights Copyright Infringement 110

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

Intellectual Property Law Blog

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. Grimaldi test was too permissive of “expressive works” that cause confusion. [8] 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

The IPKat

AUGUST 30, 2024

The effect of this provision is that a trade mark owner cannot object to further dealings in its branded goods once they are put on the market, unless there are legitimate reasons for doing so.

Artistic Work 59

Artistic Work Design Designs Marketing 59

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

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 Branding Brands 81

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

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. However, the industry is still dealing with a slew of legal issues daily. ISSN:1583-6258, Vol.

Privacy 98

Privacy Law Intellectual Property Music 98

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco is descried as a “mid-tier” supermarket: it has a “selection of own-brand and third party products at a range of price points” (Paragraph [51]).

Copyright 64

Copyright Copying Design Designs 64

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 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

SpicyIP

AUGUST 16, 2024

referred to the “Safe Distance Rule” Discussing what this rule is and its origin, we are pleased to bring to you this post by SpicyIP intern Samridhi Chugh. Recently one of the parties in R.C. Plasto Tanks and Pipes Pvt. Ganesh Gouri Industries & Anr.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

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, getting a copyright for a catchphrase may be a tedious task since a combination of words or a phrase does not amount to an original work.

Copyright Law 59

Copyright Law Branding Branding Brands 59

Kluwer Copyright Blog

APRIL 3, 2024

She noted that the artistic quality may not have been high, this did not preclude an artistic work from being original, and that “bringing together the Lidl text with the yellow circle and blue background was an act which involved skill and labour”.

Copyright Infringement 49

Copyright Infringement Copyright Copying Artistic Work 49

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

Intellectual Property 40

Intellectual Property Artistic Work Design Designs 40

Kluwer Copyright Blog

MARCH 1, 2023

Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Although dog toys and whiskey bottles seem relatively inconsequential to literature, parody, and creative work, this case could have a dramatic impact on how authors write about, and parody, famous brands.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

IIPRD

FEBRUARY 6, 2024

Patent Law in the Entertainment Industry Patent law is concerned with protecting ideas and innovations, whereas copyright and trademark laws are primarily concerned with protecting creative works and brands. Trademarks are essential to the entertainment industry’s ability to establish and preserve brand identification.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. 5, referred to as “WIDEOPEN” in a suit alleging disparagement of the plaintiff’s company and trademark “AMUL.” Would you mix up these two labels: Officers Choice and Peace Maker? Wedding Bells or Warning Bells?

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

IP and Legal Filings

MARCH 29, 2022

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. INTRODUCTION. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. Exploitation: The exclusive rights to decide on the management of the IP Objects which in a sense provides a certain level of monopoly with the IP objects is referred to as exploitation.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. ” Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work with the U.S. .”

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es And sometimes brands do unauthorized customizations—McDonald’s customized a PS4 with painted McD fries. Will people assume co-branding?

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. Grimaldi test was too permissive of “expressive works” that cause confusion. [8] 7] Justice Brown Jackson questioned whether the Rogers v.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

7 Brand Tennessee Sour Mash Whiskey” into “The Old No. Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. Grimaldi test was too permissive of “expressive works” that cause confusion. [8] 7] Justice Brown Jackson questioned whether the Rogers v.

Fair Use 52

Fair Use Cease and Desist Trademark Design 52