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

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. Hetronic International.

Copyright 97

Copyright Trademark Fair Use Contracts 97

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

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . 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.

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Ownership Intellectual Property Artwork Copyright Law 102

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Artistic Work Television Trademark Trademark Law 64

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. Essentially, trademarks are used to protect the brand names and logos of goods and services. How are Copyrights Used?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

IP 52

IP Artistic Work Intellectual Property Brands 52

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. Mondaq (Dec. 20, 2023) [link] [6] Supra note [7] Akashaditya Harishchandra Lama v.

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Cinema Copyright Blogging Registration 98

IP and Legal Filings

OCTOBER 11, 2022

The Copyright law thus in this case brings into play the word “performer”; Section 2(qq) of the said Act through an inclusive definition and illustrates a list of people who can be contemplated under the tag of the performer. Original literary, dramatic, musical, and artistic works; 2. Cinematographic films; 3.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Authors often draw on these shared associations in their literary works, sending beloved fictional characters to real colleges, serving them familiar cereals, and outfitting them in well-known clothing labels.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 52

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. are generally not protected by copyright law. Additionally, names, titles, phrases, combinations, slogans, etc.

Copyright Law 59

Copyright Law Brands Branding Branding 59

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.

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Artistic Work Trademark Designs Design 52

IIPRD

JUNE 13, 2024

Analyzing the convergence of AI and IPR laws, it elucidates the challenges and ambiguities in recognizing AI as inventors or creators. 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.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Selvam & Selvam Blog

AUGUST 22, 2021

The issue arose, when Plaintiff framed a separate prayer for relief in infringement and a distinct prayer for relief in passing off, when in essence he only sought one thing i.e. an injunction against the defendant from using the impugned mark, label or artistic work. Think Prayer. Think Logic.

Trademark 52

Trademark Artistic Work Trademark Law Law 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 The key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Brands 72

Intellectual Property Law Blog

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.” 1125(c)(3)(A). at 5-7, 90-91. [6]

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

SpicyIP

SEPTEMBER 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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Trademark Brands Branding Branding 81

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

Intellectual Property 52

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

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The law gives copyright owners a monopoly to exploit and monetize creative works. The term of copyright depends on timing of creation and publication in the US, as well as the type of work in Canada.

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Public Domain Intellectual Property Copyright Trademark 52

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

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

Kashishipr

AUGUST 17, 2022

Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. It grants copyright holders the exclusive right to display, perform, or distribute their original works. For more visit: [link].

Social Media 52

Social Media Intellectual Property Registration Brands 52

IIPRD

JUNE 14, 2021

Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Piracy and Fashion Design. Protection under the Copyright Act, 1957. In Rajesh Masrani v. Tahiliani Design Pvt.

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Intellectual Property Artistic Work Designs Design 40

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.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

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. The concept of overall similarity has been completely ignored by the trial court.

Trademark 52

Trademark Intellectual Property Brands Branding 52

LexBlog IP

JUNE 20, 2023

§ 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (“TDRA”). The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. §1125(c)(3)(C). The dilution issue is more simply addressed.

Trademark 40

Trademark Designs Design Fair Use 40

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 Design 52

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 Design 52

LexBlog IP

FEBRUARY 1, 2023

(Again, what follows is from my head and hand because my request to ChatGPT to summarize holding and analysis of Rogers got the e-equivalent of a sheepish attempt to “pass” on the question from the visiting law prof ). ’” The Supreme Court used the First Amendment to preclude state law claims against the magazine).

Trademark 52

Trademark Intellectual Property Brands Branding 52

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. 280, 287 (1952).

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

IIPRD

JUNE 8, 2024

Hence, putting a proper law in place is a long-awaited dream. Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry.

Intellectual Property 52

Intellectual Property Designs Design Brands 52

43(B)log

OCTOBER 4, 2021

This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging. 26, 2021) Wakefern, the largest retailer-owned supermarket coop in the US, sued Marchese for attempting “to lease commercial real estate in violation of the Lanham Act … and New Jersey common law.”

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IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 105

Trademark Blogging Trademark Law Fair Use 105

SpicyIP

JULY 10, 2024

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement.

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Intellectual Property Registering Trademarks Copyright Infringement Trademark 49