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From Static Symbols to Fluid Brand Identities

IP and Legal Filings

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.

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Amici Urge SCOTUS to Reverse Overly Broad Definition of ‘Expressive Work’ in Jack Daniel’s v. VIP Products

IP Watchdog

Supreme Court granted a petition for writ of certiorari filed by famed whiskey brand owner Jack Daniel’s Properties. 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.

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.

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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 104
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Bad Day For Artists! Updates To The Hermès v Rothschild Dispute

IPilogue

Rothschild engages novel issues of trademark infringement, trademark dilution, and cybersquatting (MetaBirkin.com domain name in this case) by artists in the metaverse. The key issue was whether the “MetaBirkin” was artistic expression under First Amendment protection, or a commercial product that causes consumer confusion.

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

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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.

Design 94