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.

Non-Fungible Tokens 102

Non-Fungible Tokens Art Trademark Branding 102

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).

Artwork 95

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.

Ownership 94

Ownership Copyright Trademark Contracts 94

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.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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

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

Artistic Work 57

Artistic Work Design Designs Marketing 57

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.

Copyright 131

Copyright Ownership Social Media Licensing 131

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.

Copyright 78

Copyright Branding Brands Branding 78

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.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

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.

Art 52

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.

Editing 52

Editing IP Artistic Work Design 52

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?

Artistic Work 45

Artistic Work Design Designs Copyright 45

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.

Intellectual Property 52

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?

Art 70

Art Design Designs Marketing 70

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?

Artistic Work 45

Artistic Work Design Designs Copyright Infringement 45

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.

Intellectual Property 105

Intellectual Property Litigation Trademark 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 94

Design Designs Registration Law 94

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.

Privacy 96

Privacy Law Intellectual Property Music 96

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.

Intellectual Property 59

Intellectual Property Design Designs Artwork 59

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.

Personality Rights 97

Personality Rights Fair Use Privacy Intellectual Property Law 97

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.

Trademark 81

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.

Intellectual Property 52

Intellectual Property Design Designs Artwork 52

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 102

Fair Use Copyright Law Copyright Law 102

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.

Intellectual Property 105

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.

Copyright Law 59

Copyright Law Branding Brands Branding 59

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.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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.

Intellectual Property 52

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).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

SpicyIP

SEPTEMBER 29, 2024

Providing the evidence of its trademark registrations, extensive marketing campaigns and distinctive red-and-white trade dress, it claimed to have garnered significant consumer recognition, including celebrity endorsements. The plaintiff, which has used the “OROFER” mark since 1996, claimed significant market presence.

Trademark 105

Trademark Confidentiality Patent Application Copyright 105

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.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

SpicyIP

DECEMBER 3, 2024

Now, coming to the case, the question before the Court was whether Petitioner had infringed any such rights by affixing the “ Puma ” label on garments and selling them in the market. If a device mark is involved, it can be a registered trademark and an artistic work in itself.

Copyright Infringement 59

Copyright Infringement Copyright Trademark Artistic Work 59

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Accordingly, the Mark with Text was a protectable copyright work as an artistic work. Background The parties are the well-known supermarkets in the UK: Lidl and Tesco.

Copyright Infringement 45

Copyright Infringement Copyright Copying Artistic Work 45

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. It is easy to use and remember.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. In the context of the Copyright Act, computer software is categorized as a ‘literary work’. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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.

Copyright 58

Copyright Copying Design Designs 58

IIPRD

JUNE 14, 2021

In a fashion-intensive country like India, a classic example of knockoffs is that of the infamous Sarojini Nagar Market wherein at almost every shop, such products are sold at a rate that cannot even be compared to that of the designer. Protection under the Copyright Act, 1957. In Rajesh Masrani v. Tahiliani Design Pvt.

Intellectual Property 40

Intellectual Property Artistic Work Design Designs 40

IP and Legal Filings

SEPTEMBER 12, 2022

In the conventional sense, copyright law requires that the concerned work must, in its entirety, be an outcome of the intellectual labor of a human being. However, at the dawn of the digital era, computer software is being used in abundance to help create literary and artistic works. systems to have such works generated.

Copyright 52

Copyright Artistic Work Copyright Law Design 52