Kluwer Copyright Blog

MARCH 30, 2025

On appeal against a decision of the Higher Regional Court of Cologne, the BGH confirmed that the Birkenstock sandals did not display a sufficiently high degree of creativity to qualify for copyright protection as works of applied art. However, the creative leeway had not been used in an artistic manner.

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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. Which 16 websites the Spanish government is referring to as blocked is unclear.

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The IPKat

JULY 6, 2023

The Court disagreed with Tesco, rejecting the suggestion that it should strip out the notion of reputation attached to Lidl’s logo as if Tesco were seeking to purchase a licence to use an artistic work of little or no intrinsic value.

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Copyright Copyright Infringement Marketing Marketing 94

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. 09, 2022) [link] Jeremy S.

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SpicyIP

SEPTEMBER 3, 2024

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 ). Louis Vuitton submitted that these were specially commissioned works used for advertising and marketing their products, and were being used without authorization by the defendants.

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IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Copyright violation refers to when an unauthorized user infringes the original work of another individual.

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The IPKat

MARCH 2, 2023

The French fashion house sued Hermés for trade mark infringement, essentially referring to a risk of confusion for consumers, as well as trade mark dilution and cybersquatting. Warhol was one of many pop artists who depicted branded products, and brands remain highly relevant to contemporary artists ”. Grimaldi case).

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Artwork Non-Fungible Tokens Artistic Work Branding 95

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. Copyright- copyright protection is given to the works of authorship. Unlike patents, trademark protection is held indefinitely.

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IPilogue

DECEMBER 9, 2021

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.

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Copyright Artistic Work Copying Intellectual Property 89

Kashishipr

MARCH 16, 2022

If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement. In the same way round, IP puts a virtual fence around the property or assets that it safeguards. Trademarks.

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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.

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Artistic Work Television Trademark Trademark Law 64

The IPKat

AUGUST 30, 2024

7 of Directive 89/104/EEC and, at the relevant time, provided that: A registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market in the United Kingdom or the European Economic Area under that trade mark by the proprietor or with his consent. Section 12 is derived from Art.7

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Kluwer Copyright Blog

JULY 24, 2024

Turning to outputs, courts and regulators have already been asked repeatedly (and usually answered no) as to whether genAI models, especially Text-To-Image (T2I) models, can be recognised as the creators of literary or artistic works worthy of some sort of copyright protection. Did model providers undertake content moderation (e.g.

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Copyright Ownership Social Media Licensing 135

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. References.

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Kluwer Copyright Blog

AUGUST 29, 2024

This was on the basis that the control panel itself could not be considered an “artistic work”. That means we finally might have clarity in the UK on whether a work that is a 3D work, has to be an ‘artistic work’ in order for copyright to be enforced; in other words: does the Cofemel approach apply in the UK or not?

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Intepat

DECEMBER 12, 2021

In today’s context, Culinary talents encompass more than just the preparation or cooking of a dish; they also include the presentation, arrangement, or appearance of their cuisine, which is frequently referred to as plating. A lot of attention is placed on the art of plating, especially in the restaurant business.

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Art Copyright Artistic Work Moral Rights 52

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

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Editing IP Artistic Work Designs 52

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.

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Designs Design Registration Law 97

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

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Intellectual Property Artistic Work IP Marketing 52

The IPKat

OCTOBER 15, 2023

Should the originality requirement focus on factors related to the creative process and the author’s account of the actual choices that they made, or rather factors concerning the work itself and the final result of the creative process?

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Art Designs Design Marketing 70

SpicyIP

AUGUST 16, 2024

referred to the “Safe Distance Rule” Discussing what this rule is and its origin, we are pleased to bring to you this post by SpicyIP intern Samridhi Chugh. Recently one of the parties in R.C. Plasto Tanks and Pipes Pvt. Ganesh Gouri Industries & Anr. Thus, the Court in R.C.

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SpicyIP

MARCH 9, 2025

To address this, the appellant proposed amendments, primarily removing references to treatment and refining claim language. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artistic work, with claimed use since 1978. Karan Johar v. India Pride Advisory Pvt.

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IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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IP and Legal Filings

APRIL 8, 2023

. ● Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. ISSN:1583-6258, Vol.

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Privacy Law Intellectual Property Music 98

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. DESIGNS ACT, 2000.

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IP and Legal Filings

JUNE 29, 2024

With reference to the monetization through the YouTube video, the court stated that such humorous renditions, are not merely entertainment but also a source of livelihood for various content creators especially the youth. It usually entails review, commentary, satire, comedy, criticism over the original work. Rajagopal v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

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).

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SpicyIP

SEPTEMBER 16, 2024

These included the presence of both the parties in Delhi markets, the prior copyright and trademark registration and long use of the mark by Lacoste, since 2002 and 1927, and 1983 and 1993 respectively, in India. For global brands like Lacoste, the wait might be bearable given their strong financial backing and established market presence.

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Trademark Branding Brands Branding 81

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. DESIGNS ACT, 2000.

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Intellectual Property Designs Design Artwork 52

SpicyIP

JULY 5, 2021

He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. s devices, escalating a legal battle over the booming American market for smart-home technologies. Golden Tobacco Ltd. The Bombay High Court in Hindustan Unilever Ltd v.

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Intellectual Property Trademark Licensing Copyright 105

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further. In Reebok India v.

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Copyright Law Branding Brands Branding 59

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. These creative concepts are shielded by legal means called patents, copyrights, and trademarks.

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Intellectual Property Marketing Marketing Branding 52

Technology & Marketing Law Blog

JUNE 20, 2023

or LGI) granted Condé Nast Publications a license to use one of her black-and-white photos of Prince as an “artist’s reference for an illustration … to be published in Vanity Fair November 1984 issue.” Condé Nast paid $400 for the license, which specified “No other usage right granted.” at 588, emphasis added).

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Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Subsistence It was common ground that the Mark with Text was capable of being a “graphic work”, which is a subset of the “artistic works” category.

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IP and Legal Filings

MARCH 29, 2022

Intellectual Property” refers to mental creations such as inventions, literary and creative works, as well as symbols, names, and pictures utilised in business. With India being evolving globally, the scope of IPR is also gaining popularity and attention of people to secure their works. INTRODUCTION. Image Source: gettyimage].

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Intellectual Property Intellectual Property Law Artistic Work IP 52

Intepat

MAY 28, 2024

Intellectual property transforms knowledge into an economic result by interacting with legal and economic forces in the market. It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. This is where IP management steps into the picture.

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Intellectual Property Management Intellectual Property IP Licensing 52

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. 5, referred to as “WIDEOPEN” in a suit alleging disparagement of the plaintiff’s company and trademark “AMUL.” Responding to this question, Amit Tailor discusses whether the “plausibility” requirement is embedded within the Patent Act.

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