IP and Legal Filings

OCTOBER 12, 2022

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. From 2013 to 2015, Cartier filed various design patents for their iconic panther designed jewelry.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry.

Designs 94

Designs Design Artistic Work Technology 94

Intepat

OCTOBER 7, 2022

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.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The IPKat

FEBRUARY 17, 2022

According to Ricketson , it was clearly understood that this was also a requirement for the purposes of protection under the Convention, and inherent in the phrase ‘literary and artistic works’ in Article 2.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.

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Registration Artistic Work Copyright Registering Trademarks 98

Intepat

OCTOBER 7, 2022

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 design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

LexBlog IP

SEPTEMBER 27, 2021

” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. A copyright audit performed by a qualified design rights attorney may be able to identify these “slumbering” rights.

Designs 52

Designs Design Copyright Artistic Work 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

Designs 52

Designs Design Intellectual Property Law Artistic Work 52

Kashishipr

AUGUST 25, 2021

Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period. The shape was once eligible for protection as a registered design, but designs can only last for a maximum term of 25 years in the EU.

Editing 105

Editing Law IP Designs 105

The IPKat

APRIL 4, 2024

However, a careful and sincere reading of CAB will show that the Bill is designed to equally serve the public interest in empowering creators and performers to achieve fair remuneration for their creativity and performances and ensuring access to knowledge for education in South Africa.

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Copyright Music Artistic Work Contracts 132

Garrigues Blog

APRIL 16, 2024

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59

Art Artistic Work Law Designs 59

Intepat

DECEMBER 12, 2024

Graphical User Interfaces (GUIs) are essential elements of modern software, defining how users visually interact with applications and systems through various design components such as icons, menus, and layouts. The visual design of the button itself, such as its colour, shape, and placement, is covered as an artistic work.

Copyright 52

Copyright Artistic Work Design Patent Designs 52

IP and Legal Filings

MAY 29, 2022

Copyright safeguards works made by a genuine creator in a variety of genres, including literary, musical, theatrical, and artistic works. There is, however, a procedure that must be followed in order to register the copyright for all such works. HOW LONG DOES COPYRIGHT LAST FOR? . ELIGIBILITY CRITERIA OF COPYRIGHT HOLDER.

Copyright 98

Copyright Artistic Work Registration Music 98

SpicyIP

SEPTEMBER 20, 2021

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. The Calcutta High Court in Sri Parvathy Saltern Private Ltd. September 13, 2021]. Ishvi Food Private Ltd.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Designs 40

Designs Design Copyright Artistic Work 40

IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

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Artistic Work Designs Design Copyright 45

The IP Law Blog

JANUARY 18, 2024

Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design Copyright 116

The IPKat

FEBRUARY 3, 2023

The current generation of AI image generation tools such as Stable Diffusion , Midjourney and DALL·E 2 are designed to take a text description or prompt from a user and generate an image that matches the prompt. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

The IPKat

JUNE 17, 2023

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. Lord Millett set out the test in the context of the landmark decision in Designers Guild , concerning infringement of copyright in a fabric design.

Copyright Infringement 143

Copyright Infringement Copyright Art Artistic Work 143

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

TorrentFreak

NOVEMBER 21, 2023

Following complaints by top-tier football league, LaLiga, more than 50 people in the Alicante area appeared in court for showing LaLiga matches in bars and restaurants either via illegal IPTV packages, or official subscriptions designed for residential use.

Social Media 128

Social Media Intellectual Property Artistic Work Television 128

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

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Artistic Work Designs Design Trademark 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 104

Law Branding Branding Brands 104

Kluwer Copyright Blog

AUGUST 29, 2024

AGA also relied on copyright in a design drawing of an AGA control panel and claimed copyright infringement by the Defendants’ control panel. However, the court found that the Defendants were entitled to rely on the defence afforded under section 51 of the Copyright, Designs and Patents Act 1988.

Artistic Work 45

Artistic Work Designs Design Copyright Infringement 45

Intepat

DECEMBER 12, 2021

Section 13(1)(a) of the Copyright Act of 1957 protects original artistic works, while Section 2(c)(iii) defines “artistic work” as “any other work of artistic craftsmanship.” At the moment, there is no explicit rule or ruling in place in order to protect artistic work used in the plating of a dish.

Art 52

Art Copyright Artistic Work Moral Rights 52

IIPRD

SEPTEMBER 17, 2021

While copyright protects the originality of the expression behind the product, design preserves the overall appearance and aesthetic look of the product. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. But how can these Limited-Edition Products be protected? TRADEMARK.

Editing 52

Editing IP Artistic Work Designs 52

The IPKat

AUGUST 30, 2024

AGA also alleged that the control panels fitted by UKIG to the eControl Cookers infringed the copyright in its design drawing for the control panel of its own electronically controlled AGA Cookers. It therefore found that although copyright subsisted in the design drawing, UKIG's actions were permitted by section 51.

Artistic Work 57

Artistic Work Designs Design Marketing 57

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 Branding 95

The IPKat

DECEMBER 30, 2021

In light of WIPO’s recent announcement that Cambodia will be joining the Berne Convention for the Protection of Literary and Artistic Works in March 2022, Katfriend Jørgen Blomqvist commented on the obsolescence of the Universal Copyright Convention (UCC).

Intellectual Property 62

Intellectual Property Artistic Work Designs Design 62

The IPKat

SEPTEMBER 7, 2024

Under Article 2(7) BC: … it shall be a matter for legislation in the countries of the Union to determine the extent of the application of their laws to works of applied art and industrial designs and models, as well as the conditions under which such works, designs and models shall be protected.

Art 82

Art Copyright Designs Design 82

The IPKat

SEPTEMBER 29, 2022

Roberto Pardolesi gave a talk that focused on the antithesis between the two possible visions of copyright, one more inclined to see the works of art as a tradeable good, the other that mainly sees the protection of authorship as the main purpose of copyright.

Reporting 82

Reporting Copyright Intellectual Property Artistic Work 82

IPilogue

MARCH 11, 2022

Dorosh repurposes fabric and textile work, a traditionally female craft, to explore complex topics such as the slippage of play between childhood and adulthood. Textile work was an important feature of Sonia Delaunay’s art.

Art 105

Art Artistic Work Design Designs 105

IP Whiteboard

AUGUST 30, 2020

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

Moral Rights 52

Moral Rights Copyright Artistic Work Artwork 52

LexBlog IP

FEBRUARY 26, 2024

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52

IP Designs Design Copying 52

SpicyIP

SEPTEMBER 3, 2024

This case is remarkable for acknowledging the artistic merit of photographs used for promotional purposes, recognizing them as “artistic works” under the Indian Copyright Act, but is also extremely brutal in terms of lack of clarity and overreach. In Bright Lifecare Pvt. vs Vini Cosmetics Pvt.

Advertising 103

Advertising Advertising Copyright Branding 103

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Computer-aided design (CAD) files are the most common type of digital file. A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artistic work under Section 2(c) of the Copyright Act.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 52