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. Firstly, take the example of social media. With the advent of social media, anyone can post anything on it.

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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.

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43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties.

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Artistic Work Television Trademark Trademark Law 64

SpicyIP

JULY 5, 2021

Volvo, to argue that there has been a trend in these cases wherein giant companies go after smaller companies and start-ups with a collection of baseless arguments, in a bid to broaden the scope of their brand and cash in on the consequential benefits that flow from the same. The Bombay High Court in Hindustan Unilever Ltd v.

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Intellectual Property Trademark Licensing Copyright 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. Bregoli instantly became an internet meme worldwide, and her catchphrase gained much media attention, getting her worldwide recognition as the “Catch me outside girl.”

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Copyright Law Branding Brands Branding 59

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work.

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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?

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Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. about, blog, contact, etc.).

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Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. about, blog, contact, etc.).

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Artwork Art Social Media Marketing 52

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.

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IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. 10] Nichols v Universal Pictures Co, 45 F.2d 2d 119 (2d Cir.

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LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Fashion show: a work of art? Was it a tribute to Alexander McQueen or copyright infringement?

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IP Design Designs Copying 52

SpicyIP

SEPTEMBER 29, 2024

While the defendants subsequently proposed a new logo during the proceedings, the plaintiff rejected it, asserting that it continued to resemble its own branding. 1, Flipkart to implement its “brand gating” feature, to the listings of the plaintiff to prevent such latching-on in the future. It also directed, Defendant No.1,

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IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

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Trademark Ownership Branding Brands 52

43(B)log

OCTOBER 4, 2021

Question: is a political newsletter really artistic? One of the issues running underneath the disputes over Rogers is what courts means when they say there’s a special test for ‘expressive’ or ‘artistic’ works. Of course, there are lots of expressive works that are purely commercial, like standard advertising.

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Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

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