Kluwer Copyright Blog

MARCH 30, 2025

Image by wowbee from Pixabay In a decision of 20 February 2025 the German Federal Supreme Court (BGH) denied copyright protection as a work of applied art for two sandal designs. The ruling clarifies the scope of protection under German and EU law for works of applied art.

Copyright 52

Copyright Art Designs Design 52

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. 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. Copyright Act or Design Act?

Copyright 95

Copyright Artistic Work Designs Design 95

The IPKat

FEBRUARY 4, 2025

Justice Moshinsky of the Federal Court of Australia found that Aldi had crossed the line from borrowing the "look and feel" of the Puffs packaging into taking the actual forms of expression in the design, layout, colours, fonts, and figures. In 2019, Aldi undertook a re-design of its MAMIA range of baby food products.

Copyright Infringement 58

Copyright Infringement Artwork Copyright Designs 58

SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. What we colloquially refer to as ‘font’ is actually the typeface as font changes with the size, italic, bold, and style. The phrase has been placed as a residuary clause to cover works that otherwise fulfil the eligibility of artistic work.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

Intellectual Property 98

Intellectual Property Artistic Work Designs Design 98

The IPKat

FEBRUARY 17, 2022

The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright. As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

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

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.

Registration 98

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

IPilogue

DECEMBER 13, 2021

With tech becoming ever more sophisticated, users can now opt to express themselves with filters that seamlessly blend vibrant eyeshadow or sparkly lipstick designs (among many others!) 5(1) of the Copyright Act , copyrights subsist in artistic works such as photographs or paintings. to their face. Spoiler alert, it depends.

Social Media 111

Social Media Intellectual Property Designs Design 111

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. The work must be written down in order to get registration of copyright.

Copyright 98

Copyright Artistic Work Registration Music 98

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).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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. The Judge rejected this argument.

Artistic Work 49

Artistic Work Designs Design Copyright Infringement 49

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

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.

Artistic Work 45

Artistic Work Designs Design Copyright 45

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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. Accordingly, it found that AGA had legitimate reasons to object to the way in which UKIG went about marketing and selling the relevant cookers.

Artistic Work 58

Artistic Work Design Designs Marketing 58

IP and Legal Filings

MAY 24, 2024

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation. 09, 2022) [link] Jeremy S.

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Branding 104

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

MARCH 9, 2025

To address this, the appellant proposed amendments, primarily removing references to treatment and refining claim language. The plaintiff alleged that the defendants are selling counterfeit products using his registered design without authorization. Basf Se vs Joint Controller Of Patents And Designs and Ors.

Trademark 59

Trademark Patent Copyright Patent Application 59

IPilogue

SEPTEMBER 23, 2021

.” At first sight, the words in (a) — “work, performer’s performance, sound recording or communication signal” — appear to be paired with those in (b), in the same order, to mean “author [of a work], performer [of a performer’s performance], maker [of a sound recording], or broadcaster [of a communication signal]”. Section 34.1(1)

Ownership 92

Ownership Copyright Intellectual Property Design 92

Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. A lot of attention is placed on the art of plating, especially in the restaurant business.

Art 52

Art Copyright Artistic Work Moral Rights 52

The IPKat

MARCH 2, 2023

The French fashion house sued Hermés for trade mark infringement, essentially referring to a risk of confusion for consumers, as well as trade mark dilution and cybersquatting. Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

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

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

OCTOBER 15, 2023

The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?

Art 70

Art Designs Design Marketing 70

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Introduction Software refers to a compilation of instructions, data, or programs designed to operate machinery and execute specific tasks. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

Velocity of Content

JUNE 8, 2022

As a consequence, until Disney’s animated feature of 1953, there were no sequels, adaptations, or other derivative works, with the sole exception of a (silent) film adaptation made of the play in 1924 , released while Barrie was still alive and apparently with his cooperation. This material is later construed as Peter’s “origin story.”

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. Trade Secrets include the secret business information that provides a competitive edge such as the formulas, practices, designs, and processes.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

azrights

AUGUST 11, 2022

Most of these computer-generated works are protected by copyright in the UK. Unlike other countries, the UK gives copyright to computer generated works which do not have a human creator. Section 178 Copyright Designs and Patents Act 1988 (CDPA) introduced this law in 1980s. The algorithm determines what the new work looks like.

Copyright 97

Copyright Due Diligence Design Designs 97

IP and Legal Filings

JANUARY 24, 2023

Image Sources : Shutterstock] Copyrightability In Indian Context Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. The test involved that natural language conversations would take place between a machine designed for generating human like responses and a human. [15]

Copyright 98

Copyright Ownership Artistic Work Intellectual Property 98

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”. The judge accepted Lidl’s evidence of a campaign by Lidl designed to show consumers that Tesco’s Clubcard prices were not in fact price-matched to those of Lidl.

Copyright 64

Copyright Copying Design Designs 64

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Knock-offs: Knockoffs are intended to replicate the original design nearly line for line but with another designer’s name attached. Further, in a world that is so techno-friendly, numerous stores with replicable designs and at throwaway prices, are available at just a “one-click” of the consumer.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Kluwer Copyright Blog

FEBRUARY 8, 2023

Better Regulation The EU has committed itself to designing policies and laws with a greater level of transparency and evidence , backed up with the views of citizens and stakeholders. AI processes can generate a large number of literary, musical and artistic works in the span of several seconds.

Marketing 116

Marketing Marketing Copyright Copyright Law 116