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

The IPKat

AUGUST 30, 2024

7 of Directive 89/104/EEC and, at the relevant time, provided that: A registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market in the United Kingdom or the European Economic Area under that trade mark by the proprietor or with his consent. Section 12 is derived from Art.7

Artistic Work 56

Artistic Work Designs Design Marketing 56

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. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.

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Non-Fungible Tokens Art Trademark Brands 93

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).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Brands 95

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. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

Law 98

Law Branding Branding Brands 98

The IPKat

OCTOBER 27, 2021

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.

Cease and Desist 138

Cease and Desist Litigation Copyright Marketing 138

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name.

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Registration Artistic Work Copyright Registering Trademarks 98

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.

Copyright 80

Copyright Artistic Work Designs Design 80

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Designs 52

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

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Intellectual Property Marketing Marketing Brands 52

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 75

Trademark Brands Branding Branding 75

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S 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.

Designs 85

Designs Design Artistic Work Technology 85

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further. In Reebok India v.

Copyright Law 59

Copyright Law Brands Branding Branding 59

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. This type of merger transaction helps increase the market size of the business. Understanding Mergers. Understanding Acquisitions.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 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 68

Copyright Brands Branding Branding 68

Intepat

MAY 28, 2024

Intellectual property transforms knowledge into an economic result by interacting with legal and economic forces in the market. It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. This is where IP management steps into the picture.

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Intellectual Property Management Intellectual Property IP Licensing 52

LexBlog IP

FEBRUARY 26, 2024

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.

IP 52

IP Designs Design Copying 52

Kashishipr

AUGUST 25, 2021

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.

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Editing Law IP Designs 105

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Accordingly, the Mark with Text was a protectable copyright work as an artistic work. Background The parties are the well-known supermarkets in the UK: Lidl and Tesco.

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Copyright Infringement Copyright Copying Artistic Work 58

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.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. It is easy to use and remember.

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Social Media Intellectual Property Registration Brands 52

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. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 16, 2024

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 artistic works , designs , and trademarks —often transcend national borders.

IP 52

IP Law Intellectual Property Trademark 52

SpicyIP

AUGUST 16, 2024

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

Intellectual Property 101

Intellectual Property Litigation Trademark Artistic Work 101

IIPRD

FEBRUARY 6, 2024

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.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

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

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt.

Trademark 52

Trademark Intellectual Property Brands Branding 52

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. The brand image is created of the company. It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. Case Law on Copyright in India.

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Intellectual Property Invention Trademark Copying 98

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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Intellectual Property Artistic Work Designs Design 40

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

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Trademark Confidentiality Patent Application Copyright 92

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 Brands 105

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco is descried as a “mid-tier” supermarket: it has a “selection of own-brand and third party products at a range of price points” (Paragraph [51]).

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Copyright Copying Design Designs 58

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?

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False Advertising Advertising Advertising Artistic Work 59

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. Case Summaries Gujarat Cooperative Milk Marketing v. The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market.

Trademark 89

Trademark Social Media Registering Trademarks Copyright 89

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. 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.

Privacy 90

Privacy Law Intellectual Property Music 90

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work.

Art 52

Art Artwork Social Media Marketing 52