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 Lemley: Hard to separate artists from art. We don’t want it to be based on intent—McDonald’s can intend art. What do we do with that?

Trademark Law 72

Trademark Law Trademark Art Branding 72

Corsearch

FEBRUARY 29, 2024

Copyright infringement Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. But how does this finding interact with the position of relevant laws in India? M/S Zari Silk (India) Pvt.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

IP and Legal Filings

SEPTEMBER 30, 2022

In addition to supporting gaming and social media, the Metaverse combines sectors of the economy, digital identity, decentralized democratic accountability, and other applications. Artists are using virtual reality and augmented reality to create previously unimagined artworks.

Trademark 52

Trademark Ownership Branding Brands 52

Technology & Marketing Law Blog

JUNE 21, 2023

As noted by Professor Jake Linford , the examples used by the Court when it discusses application of the Rogers test focus on uses in the title or content of artistic works (not on T-shirts). VIP Products (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. Another way to put it is that aesthetic functionality requires you to have an understanding of the definition of the market in which other clothing makers should be free to compete. Nor did he allege any lost business opportunities as the result of their presence on the market.

IP 94

IP Trademark Advertising Advertising 94