This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Aldi was sued for copyrightinfringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The brands (hereafter Bellies) were licensed to Every Bite Counts Pty Ltd ("EBC"), including a range of Puffs products.
On April 5 th 2022, the Federal Court released its decision for August Image LLC v AirG Inc , a copyrightinfringement action concerning images of singer-actress, Jennifer Lopez. However, the Court ultimately dismissed August’s case because they failed to prove all the necessary elements of copyrightinfringement.
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.
The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. Brand] should always be placed on the bottom line on each roof tile.
This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artisticworks” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach.
She noted that the artistic quality may not have been high, this did not preclude an artisticwork 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”.
Under Section 2(c) of The Copyright Act of 1957 , the label is an original artisticwork. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artisticwork.
Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. In this guide, we walk through the manual steps you can take to remove counterfeits and other infringements from both the most prominent global marketplaces and the regional powerhouses.
[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].
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.
Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyrightinfringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.
Due to the same reason, cyberspace can often become a breeding ground for IP infringement. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyrightinfringement. Instances of copyrightinfringement in the cyberspace. Image Source: gettyimages].
Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artisticwork that is fixed. ArtisticWork. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.
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. Of course, unless waived by the artist, the moral rights associated with the artisticwork remain with the artist. What about copyrightinfringement?
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. Parody is often taken as a defence in trademark infringement suits. It has become a common to modify brand names, movie titles etc.
Copyright is a crucial right endowed to the formers of any artisticwork, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. WHY IS BRAND VIOLATION DANGEROUS? TYPES OF COPYRIGHT VIOLATION. Modak and Ors.
The Court of Appeal’s considerations The Court of Appeal adopted the 2 issues for determination submitted by the Appellant, which related to: appropriate defendant in photography-related copyrightinfringement cases and image rights cases (i.e. VMNL) or both that person and their licensee (i.e. VMNL and the Respondent in the appeal).
Given the fact that the copyright law was originally framed to protect literary and artisticworks, it needs to be seen how much the law has evolved to grant protection to digitalized works. Kind of CopyrightInfringement. Copyrightinfringement can take place in various forms in this digital era.
Crocodile International’ Impasse By Samridhi Chugh Marking the end of a protracted copyright and trademark battle, spanning nearly 23 years, the Delhi High Court in a recent landmark ruling permanently injuncted Singapore’s Crocodile International Pte. CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device.
The distinct appearance and functionality of GUIs often form the unique identity of software products and brands, making them valuable intellectual property. However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs.
Background The dispute took off in 2022, when Lidl accused Tesco of trade mark and copyrightinfringement coupled together with an alleged claim of passing off. However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand.
While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyrightinfringement , and trademark infringement.
Trade mark infringement – Lidl’s trade mark for the Lidl logo was infringed by Tesco’s Clubcard Price(s) signs, which took unfair advantage of Lidl’s reputation for low prices and damaged the distinctive character of Lidl’s logo. Another example of a “discounter” supermarket is Aldi. Here, it was arguably both.
Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT? How are Copyrights Used? Your work is protected by copyright law from the moment it is “created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device”.
Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artisticworks , designs , and trademarks —often transcend national borders.
Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and ArtisticWorks including all European Union countries and China. Voluntary registration for your copyright is available in China.
Copyright is a bundle of exclusive rights that protects original expression if that expression is in a material or tangible form. Multiple pieces of copyright material may exist in a single digital work. Trade marks are typically associated with a brand and may include brand names, slogans and logos.
Rajnish Chibber , the court held that compilations are also copyrightable, following in the steps of SCOTUS. However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artisticwork. Copyright Act or Design Act?
In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Trademarks. In the present digital era, a significant amount of content is freely available on the internet for anyone and everyone to use.
While the defendants subsequently proposed a new logo during the proceedings, the plaintiff rejected it, asserting that it continued to resemble its own branding. The Court recognised this said resemblance between the competing trademarks and found that there was a prima facie case for infringement. It also directed, Defendant No.1,
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. How do I get a Copyright? To see more on the benefits of copyright registration, see Stop, Thief!
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 copyrightinfringement?
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.
on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.
Fonts and Typefaces: Are they Copyrightable? In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artisticwork perspective under the Copyright Act, 1957. The US Senate Judiciary Committee discussed four bills aimed at reducing drug prices for consumers.
In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyrightinfringement.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content