IP and Legal Filings

SEPTEMBER 20, 2023

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. Literary Works Other than Computer Programs.

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Design Designs Copyright Copyright Infringement 105

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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SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging.

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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.

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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. You’ll first be asked to upload a copy of your passport or equivalent identity card.

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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.

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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.

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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.

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Social Media Copyright Ownership Copyright Law 52

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.

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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. However, this results in a “chain of replication” of copyrighted work.

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Biswajit Sarkar Copyright Blog

FEBRUARY 11, 2022

People have become less dependent on print media and more likely to use a digital medium such as computerized documents of soft copies. 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.

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IP and Legal Filings

JUNE 12, 2023

This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. It has become a common to modify brand names, movie titles etc. to create memes, satirical one-liners etc.,

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Copyright Law Copyright Law Copyright Infringement 105

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. However, copyright law comes with certain limitations.

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43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Deliberate copying was irrelevant. In a Rogers case, intentional copying alone cannot justify an inference of copying with intent to confuse, even if that can occur in cases that don’t “implicate” the First Amendment. “[I]n

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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.

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IIPRD

MARCH 4, 2024

The brand image is created of the company. This is basically for literary and artistic work. It was decided by the Supreme Court in the case that the cinematographic films do have the copy right it was on of the issue in the case of Yash Raj Films vs Sri Sri Ganesh Productions. [1] Case Law on Copyright in India.

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Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. Protection of an Artistic Work–. Hence, the maximum period of protection in design patents is fifteen years. DESIGNS ACT, 2000.

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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”. Accordingly, Tesco’s objection on originality failed.

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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.

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Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

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Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress.

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LexBlog IP

SEPTEMBER 27, 2021

Varsity Brands, Inc., Although the copyright protection afforded to this design is a thin one that will protect its owner from only “virtually identical” copying, such a right is still highly valuable to many companies in the furniture, housewares, and other industrial design spaces. ” Star Athletica, LLC v.

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Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

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IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

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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.

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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.

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SpicyIP

FEBRUARY 12, 2024

Other Posts A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ image from here Do you enjoy your whiskey? Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. Would you mix up these two labels: Officers Choice and Peace Maker? Wedding Bells or Warning Bells?

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Trademark Social Media Registering Trademarks Copyright 103

IIPRD

FEBRUARY 6, 2024

Copy Right Law in the Entertainment Industry The cornerstone of intellectual property protection in the entertainment sector is copyright law. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork. Patents also provide inventors with temporary exclusive rights to their discoveries.

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Intellectual Property Cease and Desist Copyright Law Music 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech? Zimbalist, 38 P.2d 2d 170 (Cal. citing Hustler v. Falwell and Mattel v.

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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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LexBlog IP

SEPTEMBER 15, 2022

In his motion, Rothschild argued that he used “MetaBirkins” as a title to an artistic work as opposed to a source-identifying trademark. ” Rothschild lost his motion to dismiss and is seeking certification for an interlocutory appeal.

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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.

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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.

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Artwork Art Social Media Marketing 52

LexBlog IP

JUNE 20, 2023

7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. As argued by Jack Daniel’s, “[u]nder Rogers , an expressive work is allowed to confuse as long as the use of a mark is artistically relevant and not explicitly misleading. Though not entirely. ” And the descriptive phrase “Old No.

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Trademark Designs Design Fair Use 40

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

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Non-Fungible Tokens IP Cease and Desist Ownership 40

The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

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IPilogue

DECEMBER 9, 2021

The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Copyrighting a Meme. Originality.

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