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
Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artisticwork convert it into an NFT for its use in the Metaverse? of the Museum District and uploaded on the OpenSea marketplace. 5/08, paragraph 56; C?435/12,
In sports, a chain of title has relevance within their agreement, which includes the release of the athletes talents so that their talent can be branded for profit. Therefore, sports tie ups with pre-existing IPs and brands make it easier for commercial exploitation and profit maximisation.
Just like every lock has its matching key, each type of IP serves a specific purpose. With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? For that, first let us understand what are IP and IPR. of their work for a fixed period.
This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works. In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks.
The Reason Behind This Evolutionary Development Brand and companies have made it a trend to evolve from time to time creating variants over their original/ main or core mark. It strengthens brand awareness, builds a better rapport, and a more intimate Business-to-consumer relation which builds trust and faith in their product.
Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. Last November, the U.S. The petition filed by Jack Daniel’s appealed the U.S. Several amici also pushed back on the Ninth Circuit’s ruling that VIP Products’ use of Jack Daniel’s marks was noncommercial.
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products. For more visit: [link].
The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.
[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].
This Kat is pleased to host the following guest contribution from Katfriend Lilliana Swainson (student in the Faculty of Law, Bond University) to provide a summary of the recent Australian case on the subject of copycat products, Hampton Holdings IP Pty Ltd v Aldi Foods Pty Ltd [2024] FCA 1452.
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.,
Judge Rakoff held that the Rogers v Grimaldi test for artisticworks 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 artisticwork is involved.
Under the copyright act in India, an artist may protect an “original artisticwork” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artisticwork is already protected under the designs act, it cannot be protected under the copyright act.
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.
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. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artisticwork.
Under Section 2(c) of The Copyright Act of 1957 , the label is an original artisticwork. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The label in question was designed by an employee of SK Oil Industries. Defendant’s Response.
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. It is crucial that you register with a regularly monitored email address.
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 artisticwork of that artist.
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.
Keep up with the ever changing world of IP with SpicyIPs Weekly Review! The Court reasoned that the defendants’ deliberate imitation of the plaintiffs brand, including the use of its corporate name and logo, was a dishonest attempt to mislead consumers and exploit the plaintiffs goodwill. Read the post for more details.
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.
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].
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. Written by Debapom, an intern assessment at Intepat IP.
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.
Enforced IP rights indicate that the products or services are authentic and of a quality that consumers recognize and expect. Due to the same reason, cyberspace can often become a breeding ground for IP infringement. However, several international conventions and treaties have emphasized the importance of protecting IP in cyberspace.
Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.
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. Written by Debapom, an assessment intern at Intepat IP.
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.
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.
The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artisticworks, 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.
The protection of intellectual property (IP) rights has become a fundamental aspect of global trade and economic development. As innovation transcends borders, the need for cohesive legal frameworks to protect IP rights internationally has grown significantly.
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. Copyright violation refers to when an unauthorized user infringes the original work of another individual.
A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.
INTRODUCTION The recent ruling by the Bombay High Court in favor of Reliance Industries, protecting the IP rights in CAMPA, has reignited discussions on the legal protection of trade dress, particularly in the context of product packaging.
Yet, in many cases, museums continue to profit off of and control these works. On the one hand, licensing deals made possible by control over artisticworks offer an important source of revenue for museums struggling during, or in the wake of, mandated closures.
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? One way is to take advantage of the European unregistered design.
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. As such, IP protection of jewelry is crucial for jewelry companies for a variety of reasons.
Artisticworks?) From an international perspective, he reflects on the problem of ensuring benefit for indigenous communities when from an IP perspective, the ancient Benin bronzes may not qualify for IP protection in the repatriating countries. Traditional cultural expressions?
CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. While Lacoste too was directed to advance Rs.
In this piece, I will recapitulate Strickland- Murphy’s exploration of IP ownership of Non-fungible Tokens and expand on recent developments since May. 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.
1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]
Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.
As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. DESIGNS ACT, 2000.
Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?
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