The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

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Copyright Trademark Fair Use Contracts 97

Garrigues Blog

APRIL 16, 2024

The way legal protection varies from country to country complicates things even further, forcing designers to maneuver through a complex web of legal protection that ranges from copyright to industrial designs, trademark law and unfair competition. Consequently, works applied to practical products were not protected under criminal law.

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Art Artistic Work Law Designs 59

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. Most trademarks registered in the U.S

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IP Artistic Work Intellectual Property Brands 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. Current State of the Law on Tattoo Designs. Their application was granted in 1997. Collective Ownership Over Cultural Artwork. Of note, in DRG Inc.

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LexBlog IP

JUNE 8, 2023

that the right to free expression does not excuse “trademark law’s cardinal sin”—use of another’s trademark “as a trademark.” VIP Products, Inc. 2” where JACK DANIEL’S and “Old No. 7” would appear.

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Artistic Work Trademark Designs Design 52

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.

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Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Authors often draw on these shared associations in their literary works, sending beloved fictional characters to real colleges, serving them familiar cereals, and outfitting them in well-known clothing labels.

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Fair Use Intellectual Property Law Trademark Law Trademark 52

Selvam & Selvam Blog

AUGUST 22, 2021

The issue arose, when Plaintiff framed a separate prayer for relief in infringement and a distinct prayer for relief in passing off, when in essence he only sought one thing i.e. an injunction against the defendant from using the impugned mark, label or artistic work.

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Trademark Artistic Work Trademark Law Law 52

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. the High Court of Delhi [iv] held that “Shauq Badi Cheez hain” is an ordinary combination of words of common use. In Reebok India v.

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Copyright Law Brands Branding Branding 59

Intellectual Property Law Blog

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” 1125(c)(3)(A). . __ (2023) (No. at 28-33.

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Fair Use Trademark Cease and Desist Designs 130

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.

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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.

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Litigation Artistic Work Brands Branding 52

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.

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Trademark Law Trademark Art Brands 72

Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders.

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IP Law Intellectual Property Trademark 52

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. The Court reasoned that the toys themselves were products, rather than artistic works.

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Fair Use Artistic Work Trademark Trademark Law 40

IIPRD

JUNE 13, 2024

And IPR serves to protect the creations of the human intellect, encompassing inventions, literary and artistic works, designs, symbols, as well as names and images utilized in commercial endeavors. Another question regarding AI-generated copyright work in India is, whether AI should be given ownership of the work or not.

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IIPRD

JUNE 14, 2021

Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Piracy and Fashion Design. Protection under the Copyright Act, 1957. In Rajesh Masrani v. Tahiliani Design Pvt.

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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.

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Trademark Brands Branding Branding 81

Kashishipr

AUGUST 17, 2022

Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. It grants copyright holders the exclusive right to display, perform, or distribute their original works.

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Social Media Intellectual Property Registration Brands 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. Trademark Law in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.

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Intellectual Property Cease and Desist Copyright Law Music 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. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. This right is given to literary and artistic work like music, etc.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

IIPRD

JUNE 8, 2024

Intellectual property rights protection to the fashion industry Trademark Act: Trademark Act plays a significant role in preserving a brand’s legitimacy and integrity, which is advantageous for the industry. However, the protection of fashion designs by trademark law is not perfected.

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IP and Legal Filings

MAY 8, 2024

Respondent It submitted it is the proprietor of London Pride and is a registered copyright owner of the artistic work London Pride and all other intellectual properties connected therewith. The concept of overall similarity has been completely ignored by the trial court.

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Trademark Intellectual Property Brands Branding 52

LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

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Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 20, 2023

The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. We hold only that it is not ap­propriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.

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Trademark Designs Design Fair Use 40

IP and Legal Filings

FEBRUARY 17, 2025

The internet era has lead to an increase of IP in the sports sphere, but has also lead to negative aspects such as cybersquatting, which although does not have a specific remedy, can be quashed using existing trademark law. The Indian law also provides extensive remedies against infringement and unauthorised usage.

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Intellectual Property Law Intellectual Property Law IP 90

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work. Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

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Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

OCTOBER 11, 2022

Original literary, dramatic, musical, and artistic works; 2. In the continuance, Section 14 lays down exclusive rights to do or to authorize reproduction of their artistic works. Relevant case law in this matter is Titan Industries Ltd. Cinematographic films; 3. Sound recordings.

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Personality Rights Artistic Work Trademark Copyright 52

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 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

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LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. Trademark law has something to say about use. His full bio can be viewed here. [1]

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Public Domain Intellectual Property Copyright Trademark 52

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.

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Trademark Blogging Trademark Law Fair Use 105

SpicyIP

JULY 10, 2024

What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place.

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Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

43(B)log

OCTOBER 4, 2021

Another thing that is likely to ramp up the potential conflict between trademark law and Article III injury is the continuing fallout from the recent Romag case, in which the Supreme Court found that willfulness was not required to award disgorgement to successful trademark plaintiffs.

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