LexBlog IP

MARCH 24, 2023

require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. The Line Between Artistic and Commercial: Jack Daniel’s Properties Inc. Both Abitron Austria GmbH et. Hetronic Int’l, Inc. and Jack Daniel’s Properties Inc.

Trademark Law 52

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IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with. Fashion brands must therefore decide, how and when to participate in the metaverse.

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The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Each of these cases could significantly impact IP law. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. This right is given to literary and artistic work like music, etc.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

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IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs. Their application was granted in 1997. Collective Ownership Over Cultural Artwork. Of note, in DRG Inc.

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SpicyIP

SEPTEMBER 16, 2024

The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. Until that happens, the slow pace of adjudication will also continue to threaten India’s stature as an emerging hub for IP protection.

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LexBlog IP

JUNE 8, 2023

that the right to free expression does not excuse “trademark law’s cardinal sin”—use of another’s trademark “as a trademark.” VIP Products, Inc. 2” where JACK DANIEL’S and “Old No. 7” would appear.

Artistic Work 52

Artistic Work Trademark Designs Design 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Intellectual property or IP is a creative work or invention that one holds rights to. What is Intellectual Property?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. 1] Bharat Vasani & Jasmine Latkar, What’s in a Name?,

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IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. vi] Commercial IP Suit (L) No. In Reebok India v. iii] §13, The Coyright Act, 1957. [iv] iv] 2012(51)PTC 251(Del). [v]

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Copyright Law Brands Branding Branding 59

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. Legal action may be taken in these situations to defend the IP owner’s rights and pursue damages compensation.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Each of these cases could significantly impact IP law.

Copyright 52

Copyright Trademark Fair Use Contracts 52

43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

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LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v.

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Litigation Artistic Work Brands Branding 52

IIPRD

JUNE 14, 2021

The article attempts to conclude that the fashion business is an IP-intensive industry, constantly producing and industrially misusing inventive thoughts and advancement. Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

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Intellectual Property Artistic Work Designs Design 40

IIPRD

JUNE 13, 2024

And IPR serves to protect the creations of the human intellect, encompassing inventions, literary and artistic works, designs, symbols, as well as names and images utilized in commercial endeavors. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not.

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LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. The Court reasoned that the toys themselves were products, rather than artistic works.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

IIPRD

JUNE 8, 2024

The present structure that governs the industry is called “low-IP equanimity,” and it offers designers low protection [5]. However, the protection of fashion designs by trademark law is not perfected. Ltd [6] , Mr. Masrani, the defendant, plagiarized the design and artistic work of Mr. Tarun, the plaintiff.

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IP and Legal Filings

MAY 8, 2024

Respondent It submitted it is the proprietor of London Pride and is a registered copyright owner of the artistic work London Pride and all other intellectual properties connected therewith. Facebook Twitter LinkedIn WhatsApp The post Trademark Tussle: Blenders Pride vs. London Pride – A Legal Saga Unraveled first appeared on IPLF.

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LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

Fair Use 52

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LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 20, 2023

The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. We hold only that it is not ap­propriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.

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IP and Legal Filings

FEBRUARY 17, 2025

With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. Within India, the sports market is able to thrive due to the extensive laws.

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IP and Legal Filings

OCTOBER 11, 2022

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Relevant case law in this matter is Titan Industries Ltd. Cinematographic films; 3. Sound recordings.

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Personality Rights Artistic Work Trademark Copyright 52

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

Trademark 52

Trademark Intellectual Property Brands Branding 52

LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. For those who thought AI was a problem, cryogenics could really wreak havoc with IP law.

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Public Domain Intellectual Property Copyright Trademark 52

43(B)log

OCTOBER 4, 2021

Another thing that is likely to ramp up the potential conflict between trademark law and Article III injury is the continuing fallout from the recent Romag case, in which the Supreme Court found that willfulness was not required to award disgorgement to successful trademark plaintiffs.

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