43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Bantam Doubleday Dell Publishing Group, Inc., 2d 490 (2d Cir. This part is not persuasive.

Artistic Work 57

Artistic Work Social Media Television Trademark 57

Biswajit Sarkar Copyright Blog

JULY 11, 2022

The Copyright Act, 1957 protects creative and artistic works in India granting exclusive rights to the author. Damages to good will and reputation: Actions of the infringer that undermine the reputation and good will of the plaintiff in the market. profits earned by sale of infringing copies. Civil remedies.

Copyright 52

Copyright Copyright Infringement Copying Artistic Work 52

Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs are included in Article 2(1) of the Berne Convention as copyrightable artistic works. All Berne Union Member States must thus provide copyright protection to photographic works. Photographic works.

Copyright 54

Copyright Related Rights Artistic Work Public Domain 54

SpicyIP

DECEMBER 17, 2023

Reddy contended that if a book holds commercial value, it would be commercially exploited within a decade, benefiting both the author and the publisher. Reddy proposed specifying a timeframe within which authors and publishers would have received adequate returns. Moreover, the number of readers of books in her country is even lower.

Copyright 59

Copyright Publishing Music Artistic Work 59

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

Advertising 94

Advertising Advertising Social Media Blogging 94

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 77

Privacy Law Intellectual Property Music 77

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 82

Trademark Social Media Registering Trademarks Copyright 82

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. As Rogers noted, artistic works “are also sold in the commercial marketplace like other more utilitarian products, making the danger of consumer deception a legitimate concern that warrants some government regulation.” Zimbalist, 38 P.2d 2d 170 (Cal.

False Advertising 57

False Advertising Advertising Advertising Artistic Work 57

Art Law Journal

JUNE 30, 2022

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.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. In the case at stake, the U.S.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

MARCH 11, 2024

Last week we published 3 posts including a post discussing the concept of hot tubbing, a post on the DHC interim injunction order restraining Geonix on the grounds of reverse passing off, and a tidbit on CCI’s appeal before the Supreme Court in. X wins copyright infringement case against 17 music publishers.

Trademark 59

Trademark Registration Copyright Patent 59

Technology & Marketing Law Blog

JUNE 20, 2023

For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work. 103(a) (“protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.”). Fast-forward three decades.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. higher energy density), and more durable than lithium-ion batteries.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. Lemley: Hard to separate artists from art. Related: © threats. 4 years of effort!

Trademark Law 70

Trademark Law Trademark Art Branding 70

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40