article thumbnail

Trademark In Artistic Works 1 Year After Jack Daniel's

IP Law 360

VIP products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington. In the year since the U.S. Supreme Court's Jack Daniel's v.

article thumbnail

Choosing the Right Intellectual Property Protection

IIPRD

With so many IPs available trademarks, patents, copyrights, and more – how can you choose the right one for your work, product, or business? All the creations of the human minds such as designs, inventions, artistic works, names, symbols, etc. of their work for a fixed period.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Protection of Trademarks in Philippines

IP and Legal Filings

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. A trademark applicant may be a natural or juridical person. For example, U.S.

article thumbnail

[Guest post] ‘Ghiblification’ and the Moral Wrongs of U.S. Copyright Law

The IPKat

Case law has typically dealt with the physical destruction of tangible artistic works, such as famous murals being painted over. First, VARA can and probably should be vastly expanded to protect a wider range of artistic works.

article thumbnail

Amici Urge SCOTUS to Reverse Overly Broad Definition of ‘Expressive Work’ in Jack Daniel’s v. VIP Products

IP Watchdog

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test.

article thumbnail

Patent Poetry: An NFT Showing a Physical Product May Be “Artistic”

JD Supra Law

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artisticwork for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.