IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Unlike patents, trademark protection is held indefinitely. Copyright- copyright protection is given to the works of authorship. Is Copyright registration mandated in India?

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Ownership Copyright Trademark Contracts 86

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Trademark Intellectual Property Branding Branding 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection is extendable to any artistic work that is original and is creative.

Designs 52

Designs Design Copyright Artistic Work 52

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. 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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Artistic Work Design Designs Copyright 45

SpicyIP

SEPTEMBER 29, 2024

on 23 August, 2024 (Delhi High Court) Image from here The plaintiff, proprietor of “HEALTH OK” trademark, accused the defendants of selling products under the confusingly similar mark “ALL OK+.” The Court recognised this said resemblance between the competing trademarks and found that there was a prima facie case for infringement.

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Trademark Confidentiality Patent Application Copyright 87

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. Brands will need to re-evaluate their filing strategies and determine if the mark is given enough protection in the meta-environment, provided that usage in the metaverse does actually amount to use as a trademark.

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Law Branding Branding Brands 98

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] Both treaties were established during diplomatic gatherings in Madrid, Spain.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

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. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. Grimaldi , 875 F.2d

Litigation 52

Litigation Artistic Work Branding Branding 52

Intepat

APRIL 18, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 98

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. Design Registration is only available if the design is novel at the time of registration.

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Editing Law IP Design 105

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. What are the rights in Intellectual Property?

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Intellectual Property Invention Trademark Copying 98

Selvam & Selvam Blog

DECEMBER 14, 2022

who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff’s registered mark M-SEAL. The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., Pidilite Industries Limited Vs Riya Chemy – [link].

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Artistic Work Copying Trademark Registration 40

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. It is a form of IPR that is used to guard the hard work and efforts of the artist. Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry.

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Designs Design Copyright Copyright Infringement 102

IIPRD

OCTOBER 7, 2024

The Intellectual Property incorporates the makings of the thoughts such as the discoveries, literary and artistic works, design, symbols, names, and images used in the business. The IPR in the startup sector continually starts with the Trademarks. The Trade Marks Act of 1999 allows any startup to file trademarks.

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Intellectual Property Government Invention Branding 98

IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

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Design Designs Artistic Work Technology 85

IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements.

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Personality Rights Artistic Work Trademark Copyright 52

IP and Legal Filings

APRIL 24, 2023

It is used to classify goods for the purposes of the registration of industrial designs which further helps in design searches. Under the previous law, the Design registration was granted only for the visual appearance of an article which included shape, configuration pattern, and ornamentation whether in 2 or 3 dimensions.

Designs 86

Designs Design Registration Law 86

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The process of seeking registration can be cumbersome and tedious.

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Intellectual Property Blogging Fair Use Registration 98

SpicyIP

SEPTEMBER 20, 2021

Further details, including the link for registration, are provided in the post here. The deadline for registration for the webinar is September 20, 2021. The deadline for registration for the webinar is September 20, 2021. Further details, including the link for registration, are provided in the post here.

Artistic Work 64

Artistic Work Intellectual Property Law Journalism Intellectual Property 64

Kashishipr

AUGUST 17, 2022

Additionally, while creating content, content creators and social media influencers must have adequate authorization and consent in place before using the creative works of others in any form, be it videos, photos, or text, on social media platforms to avoid infringing upon the IPRs of others. How to Ensure Compliance with IP?

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Social Media Intellectual Property Registration Branding 52

SpicyIP

SEPTEMBER 16, 2024

On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. 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.

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Trademark Branding Branding Brands 72

IIPRD

SEPTEMBER 17, 2021

A trademark, on the other hand, exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work.

Editing 52

Editing IP Artistic Work Designs 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. These registrations aid in allocating precedence.

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Cinema Copyright Blogging Registration 93

Corsearch

SEPTEMBER 28, 2023

You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

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Branding Branding Brands Intellectual Property 59

LexBlog IP

MAY 18, 2022

If the author is a foreign natural person or legal entity, the product design or 3D packaging may be protected as a foreign work of applied art under the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”) for 25 years in China. For comparison, U.S. Like in the U.S.,

Designs 52

Designs Design Copyright Artistic Work 52

IIPRD

JUNE 13, 2024

Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition.

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Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works. Their registration is for 10 years, extendable up to 5 years.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.” Oomerbhoy Pvt.

Intellectual Property 98

Intellectual Property Litigation Trademark Artistic Work 98

Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Trademarks. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

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IP Invention Intellectual Property Registering Trademarks 98

Corsearch

FEBRUARY 29, 2024

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademark infringement A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

Branding 59

Branding Branding Brands Intellectual Property 59

SpicyIP

DECEMBER 4, 2023

Vijay Keshav Wagh And Ors on 23 November, 2023 (Delhi High Court) Image from here The plaintiff was aggrieved by the registration of a deceptively similar “Tiger” device as an artistic work by the defendant and sought rectification of the Copyright register. Yashoda Hospital And Research Center Ltd.

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Registration Artistic Work Technology Patent 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

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

Copyright 52

Copyright Fair Use Registration Ownership 52

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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.

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IP Non-Fungible Tokens Intellectual Property Trademark 52