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.

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Copyright Artistic Work Designs Design 95

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 Designs Design 52

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 Designs Design 98

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.

Designs 97

Designs Design Artistic Work Technology 97

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 Branding Brands 105

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.

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Branding Branding Brands Intellectual Property 59

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

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.

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Branding Branding Brands Intellectual Property 59

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 Patent Application Copyright 59

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

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].

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Non-Fungible Tokens Art Trademark Branding 104

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

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

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.

Designs 105

Designs Design Copyright Copyright Infringement 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

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

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

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

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

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

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

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

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?

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Artistic Work Designs Design Copyright 45

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

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

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

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 Branding 105

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 Designs 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection is extendable to any artistic work that is original and is creative.

Designs 52

Designs Design Copyright Artistic Work 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

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 Branding 52

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

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

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

Intepat

OCTOBER 7, 2022

Protection of an Artistic Work–. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property. The IP laws outlined above will not only protect a person’s work once conceived but also help protect it throughout the design phase of the product. DESIGNS ACT, 2000.

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Intellectual Property Designs Design Artwork 59