IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. Any brand that wants to have exclusive rights to a mark in a country must register its trademark.

Law 105

Law Branding Brands Branding 105

43(B)log

JUNE 17, 2022

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. The solution is not to reject one reasonable view in favor of another—that would be the very aesthetic discrimination the law has long rejected.

Copyright Law 72

Copyright Law Fair Use Law Artistic Work 72

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy. ISSN:1583-6258, Vol.

Privacy 98

Privacy Law Intellectual Property Music 98

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. 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

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

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

Fair Use 105

Fair Use Copyright Law Copyright Law 105

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

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

PROTECTION AS COPYRIGHT OR DESIGNS To decide whether jewellery can be protected through copyright or design laws, it is necessary to understand the difference between the two. 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 Design Designs 98

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

MARCH 13, 2025

COPYRIGHT PROTECTION OF ARCHITECTURAL DESIGNS Under the Copyright Act, 1957, architectural works are protected by Section 2(b) which defines a work of architecture to be any building or structure having an artistic character or design, or a model of such building or structure.

IP 52

IP Design Designs Artistic Work 52

IP and Legal Filings

JULY 13, 2022

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. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

Copyright 95

Copyright Artistic Work Designs Design 95

IPilogue

JULY 27, 2022

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years.

Public Domain 130

Public Domain Copyright Artistic Work Registration 130

Technology & Marketing Law Blog

AUGUST 3, 2021

I believe Washington is the first state to implement the “ Uniform Public Expression Protection Act ,” promulgated by the Uniform Law Commission last year. Note how the uniform law retires the “anti-SLAPP” phrasing. On balance, the ULC’s uniform law is a positive development. Two cautionary notes.

Law 144

Law Litigation Government Advertising 144

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S 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.

Design 97

Design Designs Artistic Work Technology 97

SpicyIP

SEPTEMBER 3, 2024

Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India. Haute24 is an online e-commerce platform whose stated aim is to make luxury apparel from the US and Europe affordable for the Indian market (see here ). www.haute24.com com & Ors.

Advertising 103

Advertising Advertising Copyright Branding 103

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. The courts need to understand the degree to which such usage may harm the work or decrease the profits for the owner of the copyright.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

The IPKat

JANUARY 25, 2022

That is the great contribution of modern copyright law, recognizing as it does the legal status of a derivative work and thereby opening unlimited commercial possibilities for the work of art." [ Merpel notes that, of course, while the Larivière painting is not protected by copyright, it is the principle that concerns us.

Art 134

Art Artwork Copying Moral Rights 134

IP and Legal Filings

OCTOBER 23, 2021

Technology and copyright law. Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. The Digital Millennium Copyright Act.

Copyright 98

Copyright Copyright Law Technology Artistic Work 98

SpicyIP

SEPTEMBER 20, 2021

Furthermore, he highlights that the court took due notice of the strong presence of the defendants in the market and delayed infringement action brought by the plaintiffs, and thereby indirectly applying the clean hands doctrine. Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. September 13, 2021].

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

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

IIPRD

OCTOBER 7, 2024

Introduction In the quickly developing scenery of the recent business the startups stand as the indications of modernization which brings the new concepts and fresh products or the amenities to the market. Moreover, the IPR eases the market development and establishes a solid brand identity.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India.

Trademark 59

Trademark Patent Copyright Patent Application 59

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Shayna Jan is a 3L J.D.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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.

Non-Fungible Tokens 104

Non-Fungible Tokens Art Trademark Branding 104

Intepat

OCTOBER 16, 2024

International treaties play a crucial role in establishing baseline standards and fostering cooperation among nations, thereby influencing national IP laws. These treaties set out minimum standards for IP protection and enforcement that member countries must incorporate into their national laws.

IP 52

IP Law Intellectual Property Trademark 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52

Kashishipr

JULY 14, 2021

Like any other asset, the question of protecting recipes and corresponding assets through the application of Intellectual Property (IP) laws has gained momentum. Also, the law only protects the written recipe itself from being republished, but it would not prohibit others from manifesting the same in the form of a physical dish.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

IP and Legal Filings

APRIL 24, 2023

The sellers must satisfy the customer’s aesthetic senses in addition to their reputation for dependability and honesty in the market for them to appease the buyer, sellers are now more than ever compelled to package and market their items in a way that appeals to consumers and that consumers can relate to.

Design 97

Design Designs Registration Law 97

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. The continuous technological advancements cause unexpected ways of copyright distribution and the broadcasting sector is not indifferent to it.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

TorrentFreak

JUNE 2, 2024

Based on a complaint filed by the Alliance for Creativity and Entertainment, in November 2022 an investigation was launched to identify those responsible for two websites that marketed a service that allegedly violated the rights of ACE members. TVMucho is Dead, long Live TeeVeeing?

Reporting 120

Reporting Artistic Work Business Television 120

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 78

Contracts Artistic Work Copyright Copyright Law 78

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. Components of Intellectual Property Rights and Case Laws. Copyright : – So, it is a right which is given to original creator of the work for the fixed period of time. This is basically for literary and artistic work.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof.

Artwork 98

Artwork Blogging Art Copyright 98

SpicyIP

AUGUST 16, 2024

Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

Intellectual Property 105

Intellectual Property Litigation Trademark Artistic Work 105

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ). These two points have generated substantial policy and academic discussion.

Copyright 135

Copyright Ownership Social Media Licensing 135