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Modern copyright jurisprudence offers protection, not only to classical types of literary and artisticworks 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.
7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 7 Brand Tennessee Sour Mash Whiskey” into “The Old No. The Supreme Court recounted the facts and reasoning underlying Rogers that “the titles of ‘artisticworks,’ like the works themselves, have an ‘expressive element’ implicating ‘First Amendment values.’ [11]
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.
7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No.
7 Brand Tennessee Sour Mash Whiskey” into “The Old No. 7”, the arched logo, the stylized label and distinctive bottle, sent a cease and desist letter demanding that VIP Products LLC (“VIP”) stop selling its “Bad Spaniels” chewable dog toy featuring the descriptive phrase “The Old No.
Under the Copyright Act 1968 (Cth), copyright of a literary, dramatic, musical or artisticwork includes the exclusive right to reproduce the work in a material form, publish the work and communicate the work to the public. Multiple pieces of copyright material may exist in a single digital work.
The Plaintiff issued a cease and desist letter against the use of such marks and the Defendant agreed to settle the claim, but not to discontinue use of its erstwhile company name. The petitioner also argued that the Respondent was employed by them and was a job worker packing salt for them and used their art work.
Copyright is the type of Intellectual Property most often associated with artisticworks like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark. Trademarks.
At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.
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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