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.

Litigation 52

Litigation Artistic Work Branding Branding 52

SpicyIP

SEPTEMBER 16, 2024

The detailed verdict, heavily punctuated with takeaways for IP observers and fashion enthusiasts alike, is one of the very few final judgements on trademark law passed this year. Following this, it was observed that the creator of the artistic work in CIPL’s mark was free to derive inspiration from the general concept of a crocodile.

Trademark 69

Trademark Branding Branding Brands 69

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. For undisputed ownership of virtual designs, Intellectual Property (IP) laws must be thoroughly handled with.

Law 98

Law Branding Brands Branding 98

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 Some of the work is also done by the idea that trademark control extends only to the name/logo of a congregation and not to other elements of worship.

Trademark Law 72

Trademark Law Trademark Art Branding 72

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Later it was settled.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 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. Ashutosh Gowarikar, 2016 SCC OnLine Bom 5207 [8] Zee Entertainment Enterprises Ltd.

Cinema 93

Cinema Copyright Blogging Registration 93

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. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

MAY 8, 2024

The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore. Issues Raised Whether entire registered trademark should be compared with the offending trademark without splitting up and dissecting any of the trademarks to adjudge visual, phonetic and structural similarity?

Trademark 52

Trademark Intellectual Property Branding Branding 52

LexBlog IP

JUNE 20, 2023

As we previously blogged, the issues presented in the care were: Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

Trademark 40

Trademark Designs Design Fair Use 40

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d ” Id. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir. ” ( at 36 ).

Trademark 52

Trademark Intellectual Property Branding Branding 52

IPilogue

NOVEMBER 17, 2021

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. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

JULY 10, 2024

In the present case, neither is the mark used in relation to the goods of the appellant nor in any manner takes undue advantage of association with the NBC like in circumstances illustrated above. The conventional objectives of trademark law are largely twofold, to protect the interests of trademark owners and well as consumers.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

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

IIPRD

JUNE 8, 2024

Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments. Hence, putting a proper law in place is a long-awaited dream. However, the protection of fashion designs by trademark law is not perfected.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94