IP and Legal Filings

JUNE 12, 2023

In relation to ‘Parodies’, since it is derived from the original work of another writer or artist, it is difficult to draw a line between creative criticism and imitation. Parody is often taken as a defence in trademark infringement suits. and will it amount to trademark infringement?

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.

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Registration Artistic Work Copyright Registering Trademarks 98

The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

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Copyright Trademark Fair Use Contracts 97

Intepat

MARCH 13, 2025

This inclusion was crucial in recognising and protecting the rights of architects over their architectural designs and works. In India, the protection of architectural designs falls under three main categories of the Indian IP regime, namely copyrights, designs and trademarks.

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IP Designs Design Artistic Work 52

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. Read the post for more details.

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Trademark Patent Copyright Patent Application 58

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Unlike patents, trademark protection is held indefinitely. Copyright- copyright protection is given to the works of authorship.

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Ownership Copyright Trademark Contracts 97

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.

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Intellectual Property Artistic Work Designs Design 98

IPilogue

MARCH 14, 2023

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Rothschild engages novel issues of trademark infringement, trademark dilution, and cybersquatting (MetaBirkin.com domain name in this case) by artists in the metaverse. Thus, Judge Rakoff held that the artistic relevance was present.

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Artistic Work Art Intellectual Property Trademark 105

Kluwer Copyright Blog

JUNE 30, 2021

As has been pointed out , such a change in the Second Circuit’s case law may have been prompted by the recent US Supreme Court decision in Google v Oracle , a ruling published after Warhol v Goldsmith and focusing on computer code and copyright , where the transformative use analysis was based on the user’s subjective intent.

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Fair Use Copyright Law Copyright Law 105

Intepat

DECEMBER 30, 2024

Both trademark and copyright law offer avenues for such protection, which inevitably results in an overlap between the two legal frameworks. This discussion will explore the interplay between trademark and copyright laws in safeguarding product packaging. However, copyright law comes with certain limitations.

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Trademark Copyright Artistic Work Copyright Law 52

IP and Legal Filings

SEPTEMBER 17, 2021

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. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

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Designs Design Artistic Work Technology 97

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. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

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Art Artistic Work Law Designs 59

IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Design Designs Copyright Copyright Infringement 105

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

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Non-Fungible Tokens Art Trademark Brands 104

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

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Artistic Work Trademark 75

JD Supra Law

JUNE 13, 2023

Supreme Court ruled in favor of Jack Daniel's in a dispute over a humorous squeaky dog toy called "Bad Spaniels."

Artistic Work 55

Artistic Work Trademark 55

LexBlog IP

MARCH 24, 2023

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. and abroad. Both Abitron Austria GmbH et.

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Trademark Law Trademark Law Artistic Work 52

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. Case Law on Copyright in India.

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Intellectual Property Invention Trademark Copying 98

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.

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IP Law Intellectual Property Trademark 52

JD Supra Law

JUNE 29, 2023

Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark. By: Moritt Hock & Hamroff LLP

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Trademark Artistic Work Fair Use 52

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. 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.” As the U.S.

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Confidentiality Invention Business Artistic Work 113

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Trademark Protect? .

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Trademark Copyright Intellectual Property Intellectual Property Law 52

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.

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Fair Use Trademark Cease and Desist Design 130

LexBlog IP

AUGUST 17, 2023

Trademark registration. There are long answers, but the short answer is that the law says so. Trademarks are for business names, slogans, logos, product names, and some types of product packaging. Copyright is for artistic works, and there can be overlap between trademarks and copyright.

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Business Trademark Copyright Artistic Work 40

SpicyIP

SEPTEMBER 20, 2021

Call for Papers: NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) Vol. We announced that NALSAR Hyderabad’s Indian Journal of Indian Intellectual Property Law (IJIPL) is inviting papers for publication in Volume 12 of the journal. Further details, including the link for registration, are provided in the post here.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 86

IP and Legal Filings

NOVEMBER 15, 2021

Development of cyberspace and its interplay with copyright law. Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. For one, it is relatively easy to replicate copyrighted works in cyberspace. Trademark issues in the cyberspace.

Copyright Infringement 97

Copyright Infringement Business Copyright Trademark 97

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. The IPR in the startup sector continually starts with the Trademarks. The Trade Marks Act of 1999 allows any startup to file trademarks.

Intellectual Property 98

Intellectual Property Government Invention Brands 98

JD Supra Law

JANUARY 19, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. 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.”. As the U.S.

Artistic Work 65

Artistic Work Intellectual Property Music Brands 65

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Trademarking a Blog. Copyright and Blogs.

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Intellectual Property Blogging Fair Use Registration 98

Selvam & Selvam Blog

AUGUST 22, 2021

In the instant case, the Bombay High Court called out the practice of seeking separate reliefs of an injunction for passing off and infringement when pleadings were presented in respect of matters of trademark infringement. P Sulochana Bai to note how the Trademark law does not create any new rights per se. Think Prayer.

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Trademark Artistic Work Trademark Law Law 52

IP and Legal Filings

AUGUST 28, 2023

Image Sources : Shutter stock] On a superficial note, the fluid trade marks keep the consumers engaged and provide a whole new look to their trademark to stay relevant with time and advancement. Some Important Case Laws In Proctor and Gamble v. The courts in the case of Rintisch v.

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Branding Brands Branding Trademark 98

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. Copyright protection is extendable to any artistic work that is original and is creative.

Design 52

Design Designs Copyright Artistic Work 52

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. ” This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. The case will determine the proper balance between trademark rights and free speech.

Copyright 52

Copyright Trademark Fair Use Contracts 52

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.

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Copyright Artistic Work Copying Intellectual Property 89

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. However, if an artist comes up with an original depiction of Santa Claus then it shall be copyright protected on account of being an original artistic work of that artist.

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IP Artistic Work Intellectual Property Branding 52

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.

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