Remove Artistic Work Remove Brands Remove Trademark Law
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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. It further added that an individual could either own a registered trademark or copyright but not both.

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Santa Clause and IP

Biswajit Sarkar Copyright Blog

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 artistic work of that artist.

IP 52
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Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

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. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

Designs 85
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Fashion In The Metaverse : The Law And Protection

IP and Legal Filings

[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].

Law 98
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Can Celebrity Catchphrases be Intellectually Protected?

IIPRD

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Positionin India Indian judicial position regarding copyright and trademark of celebrity catchphrases is not clear. In Reebok India v. For instance, in the U.S.A.,

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Jack Daniels v. VIP Products and the Freedom to Parody and Comment in the United States

Kluwer Copyright Blog

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Supreme Court, Jack Daniels v.