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In view of the law laid down, it is clearly inferred that in order to avail the defence of fair dealing the parodist must show that there was no intention, to compete with the copyright holder of the work and to derive profits from such competition and also, the motive of the alleged infringer in dealing with the work must not be improper.
A few weeks ago, the UNION-IP Designs Commission in association with the UNION-IP Netherlands national group – “Design & CopyrightLaw: siblings or rival?” held another roundtable session ( Thursday Thingies ), the topic of which related to the overlaps between copyright and design law (details of the event to be found here ).
First off today, Thomas Claburn at The Register reports that the Software Freedom Conservancy (SFC) has won a key victory over Vizio as a judge has ruled that the open source GPL and LGPL licenses are not just copyright licenses, but contain an extra element covered by contract law rather than copyrightlaw.
2: Morocco Pledges to Strengthen CopyrightLaw Under New Bill. Copyright Office, is primarily tasked with advising creators and helping them manage their rights. 3: Omi in a Hellcat Sued Again, This Time Over Pirate IPTV Brand ‘Reloaded’. However, his latest legal trouble involves alleged trademark infringement.
Likewise, influencers create certain content to secure brand deals and attract advertisers. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. By: Farella Braun + Martel LLP
Like most copyright systems, French copyrightlaw does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyrightlaw in the international spotlight (e.g.
Court Deems Cloudflare Liable After reviewing the evidence, the Court of Rome agreed that the targeted website infringes Italian copyrightlaw and that Cloudflare can be held liable due to its failure to respond to complaints. is a responsible intermediary pursuant to Article 156 of the Italian CopyrightLaw,” the decision reads.
Later in 2012, the RIAA submitted its regular report to the United States Trade Representative, requesting various sites to be branded notorious pirate markets. For the brave and the bold, another throw of the dice was in order. RIAA Reports Hellshare and Hellspy. ” Crack Open The Champagne?
In the complicated landscape of genAI and copyrightlaw, several different themes have emerged as particularly thorny and triggering the interests of different stakeholders. On 19 November 2024, the Institute of Brand and Innovation Law (IBIL) at UCL Laws hosted a closed doors roundtable on academic publishing.
The growing reliance on NFTs necessitates careful evaluation of their implications, not just for creators and brands, but also for consumers and regulators navigating this uncharted territory. The Intersection of Fashion and NFTs The fashion industrys adoption of NFTs has transformed how brands and creators interact with consumers.
Taming the ‘LAION’: Lessons for Harmonising AI and CopyrightLaw Unpacking the Hamburg Regional Court’s landmark ruling in Robert Kneschke v. Tanishka Goswami explores how text data mining can qualify as an exception to copyright infringement. Read her analysis on the evolving intersection of copyrightlaw and AI!
Those activities are all well and good – and I fully appreciate that “ bobbing for apples ” wasn’t listed because, let’s be honest, that’s really gross – but as we’re the Trademark & CopyrightLaw blog, allow me to focus on something a bit closer to home: apple trademarks. But let’s talk trademarks.
There is an increasing number of brands, talent agencies, and influencers looking to leverage influencer marketing. Celebrities, Influencers, Talent Agents, Marketing Agencies & Brands. We represent agencies, marketing agencies trying to line up influencer campaigns for their clients, for brands. Seems simple right?
Originally posted on November 13, 2008: “We cannot allow our brand to be abused.” ” What “brand” is that? The post “We cannot allow our brand to be abused” appeared first on LIKELIHOOD OF CONFUSION™. Dr. Martin Luther King, Jr. The greed of the.
Historical lookback The amendment to the existing copyrightlaw act of 1957 was carried out owing to the sensitization of issue of copyright management and revenue sharing structure that is fair and reasonable to all owners and writers of filmed and recorded works. [i] Magic Mantra Vision. [ii] Magic Mantra Vision, CS (OS) NO.
Events Question the Trade Mark Judges 2025 UCL Institute of Brand and Innovation Law (IBIL) and MARQUES, the European Association of Trade Mark Owners, will hold a hybrid event on 25 March 2025, allowing participants to meet and question some of the judges deciding the latest trade mark disputes in the EU and the UK.
Given the fact that the copyrightlaw was originally framed to protect literary and artistic works, it needs to be seen how much the law has evolved to grant protection to digitalized works. Kind of Copyright Infringement. This can not only affect the sale of the reputed brand but can also effect its brand value.
Copyrightlaw serves as the bedrock of Music IP, safeguarding the original artistic expressions embodied in musical compositions and sound recordings. Copyright grants exclusive rights to creators, empowering them to control the reproduction, distribution, performance, and adaptation of their musical works.
In this case, via alleged copyright infringement. Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”). million followers threw their full support behind TGE, and in November 2020 the brand filed its own separate lawsuit for copyright infringement against Bernstein.
Users can create near-identical replicas of popular digital assets, including NFTs, virtual clothing, or branded environments, undermining the value of original creations. Infringement extends beyond counterfeit goods to broader concerns such as unauthorized use of copyrighted material. Finally, fostering user awareness is key.
Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.
Jenni Romaniuk, in her book, Building Distinctive Brand Assets researched the extent to which various types of brand assets can substitute for the brand name once a brand becomes sufficiently well-known. Brands all start out unknown, using unknown brand elements.
The UCL Institute of Brand and Innovation Law and MARQUES will host their annual "Question the Trade Mark Judges" event on 25 March 2025. The Institute for Information Law will host its annual intensive post-graduate course on international copyrightlaw and policy between 30 June and 4 July 2025 at de Burcht, Amsterdam.
Introduction Copyright protection is essential for independent artists to secure the recognition and fair compensation they deserve. In the music industry, copyright does more than just credit originality—it helps artists build their brand and reputation.
Copyrights are a form of intellectual property law and they protect original authorship works including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Essentially, trademarks are used to protect the brand names and logos of goods and services.
Shades of Luxury at the Time of AI: Quiet, Sustainable and Pioneering On 7 and 8 November, MARQUES is running its annual Luxury Brands Symposium in Vienna. This opportunity allows law students to engage with novel issues arising from the intersection of copyrightlaw, cultural heritage, NFTs, and Generative AI in a simulated court setting.
AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. Artificial Intelligence software and applications are capable enough to produce slogans, logos, and brand names that mimic recognized trademarks. However, the grant of design protection will depend on the case.
Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyrightlaw.
Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to targeted demographics. Online Marketplace Protection.
As a first step, the UK announced that it has joined the Global Brands Database made available by WIPO. The UK government responded that it will further investigate options to simplify the design regime, in particular with respect to unregistered designs and the relationship between design and copyrightlaw.
. & Anr. , (2022) the Delhi High Court held that advertisements can be protected under copyrightlaw, provided that they are distinctive enough that their imitation would cause confusion amongst members of the public. Thus, the recognition under copyright allows brands to control their own brand identity.
Pam Samuelson (University of California, Berkeley) will deliver The Professor Bill Cornish Memorial Lecture 2025 Reflections on the Evolution of Software CopyrightLaw since the 1980s on 13 May. 14 May 2025: CopyrightLaw and AI: Time to Revisit Copyright Registration? The comments will be presented by Prof.
An expert for the applicants told the Court that when a ‘branded’ pirate site is blocked, new websites appear with the same functionality under similar but different domains. However, the Judge wasn’t satisfied with the approach.
If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyrightlaws. What Is Copyright?
This article explores the essentials of copyright licensing in podcasting, debunks common myths, examines relevant case laws, and provides actionable steps to ensure compliance while maintaining creative freedom. The key aspects of a podcast that are covered by copyright include: 1.Music:
She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyrightlaws. Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Tanishka is an advocate at the High Court of MP.
Alyssa Sheil LLC one of the years most misguided copyright decisions. Gifford accused Sheil of both direct and vicarious infringement for mimicking the neutral tones of her brand identity. law in generalapplies only to domestic rights. Who wore it better? The shot heard round the world.
They clarified the limits of exclusivity, especially for generic or descriptive terms, and protected established brands from dilution and consumer confusion. Recognition of Copyright Challenges in the Digital Age: Decisions tackled complex issues like AI training using copyrighted material, unauthorized adaptations, and digital piracy.
The integration of IoT-enabled designs and smart technologies adds another layer of complexity as the same would fall in the domain of patent law. In India, the Taj Mahal Palace Hotel in Mumbai was the first building in India to be trademarked by its owners, setting a landmark precedent for architectural protection under the trademark law.
Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand. However, the defendants acted without considering Netflix’s intellectual property rights.
These NFT drops offer valuable learning lessons which every NFT project, brand, and company must consider before launching their NFTs project. In this video, we will also examine the legal strategies each project got right on trademark registration and copyright licensing. The “Crypto Punk” brand name is a trademark.
American accused the website of deceiving customers, selling unauthorized tickets, and tarnishing its brand. Yes, there was a copyright infringement claim in the mix, based on Skiplagged’s use of American’s “flight symbol” logo. It sought $94.4
Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products.
The 7-page document expresses that DBrand is infringing Sony’s copyrights in numerous ways, notably by selling plates that replicate Sony’s protected design, featuring the Sony PlayStation family mark logo and shape symbols, and using the PlayStation name to promote their product. Personally, I love the slimming effect of the design.
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