Biswajit Sarkar Copyright Blog

JULY 7, 2024

Starbucks files lawsuit against Starbuds for Trademark infringement In a recent legal development, Starbucks has filed a lawsuit against Starbuds Flowers, a mobile marijuana retailer, accusing the company of trademark and copyright infringement. The lawsuit, filed on June 28th in the U.S.

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SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

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IPilogue

JULY 22, 2021

On June 8 th , the Federal Court of Australia ruled that AGL Energy, Australia’s largest electricity generator, failed to establish its trademark and copyright infringement claim against Greenpeace , an international environmental activist organization. In trademark law, a trademark owner can invoke s.

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IPilogue

OCTOBER 28, 2021

In other words, one cannot avoid copyright infringement by merely reproducing a copyrighted work on a shirt or other “useful article.” While this may not apply to most costumes, this can prevent retailers from replicating images of Disney princesses and other copyrighted characters onto their clothing.

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IP and Legal Filings

MAY 13, 2023

While the court in Titan Industries did not require proof of falsity, confusion or deception, the Gautam Gambhir court emphasized the need for evidence to establish confusion and disrepute, potentially due to the case being analyzed under trademark law. Interestingly, the court in Gautam Gambhir v. . &

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IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement.

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SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. A Lot is a Name! In Krishika Lulla v. This principle was echoed by the Madras HC in Radhakrishnan v.

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The IPKat

MAY 17, 2023

Copyright Mr Justice Zacaroli finds manufacturing software copyright infringed and confidence breached in ex-employee fight Annsley Merelle Ward reported on the English High Court’s decision in PQ Systems Europe v Jeff Aughton and Factroia Ltd.

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Copyright Lately

JUNE 6, 2022

It’s not, although that hypothetical lawsuit wouldn’t have been as frivolous as the copyright infringement complaint that was actually filed on Friday. On June 3, Vince Vance, also known as Andy Stone, filed a copyright infringement complaint (read here) against Mariah Carey, co-writer Walter Afanasieff and Sony Music.

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SpicyIP

FEBRUARY 10, 2023

But, as the DHC also noted, Sumeet Machines involved an honest concurrent claim in a copyright infringement claim and not in a trademark infringement claim, which the Court denied. Rather, it can be invoked as an active defense against an infringement suit. However, much has changed after that.

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Biswajit Sarkar Copyright Blog

JULY 24, 2024

In a recent legal development, Starbucks has filed a lawsuit against Starbuds Flowers, a mobile marijuana retailer, accusing the company of trade mark and copyright infringement. The lawsuit, filed on June 28th in the U.S.

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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. The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts.

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TorrentFreak

JULY 17, 2024

Decades of experience supports the theory that intellectual property infringement is often viewed by China as a problem to be solved by those complaining of violations on home territory. Following a recent trial, a court sentenced three men to prison for copyright infringement, with terms ranging from ten months to four years, plus fines.

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SpicyIP

SEPTEMBER 18, 2023

Union Of India Image from here The Delhi High Court recently questioned the Controller’s office regarding mechanisms for the governance of patent and trademark agents. Lokesh dives into this issue and argues that there already exists such a mechanism under Patent and Trademark law albeit mostly unused.

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Traverse Legal Blog

APRIL 6, 2021

Internet Defamation & Copyright Infringement on the Internet. But that copyright law attorney is going to have to understand the internet and online space. Otherwise, they will not know what results are achievable and who you can assert leverage against regarding copyright infringement.

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IP and Legal Filings

SEPTEMBER 8, 2021

However, the UK and Spain Patents and Trademark office granted trademark protection to the ‘Bitcoin’ mark and its logo (Registration number: M4046141). The trademark laws used to regulate cryptocurrency-related marks are in their nascent stage. However, this can be prevented with stringent IP laws in place.

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Kashishipr

SEPTEMBER 20, 2021

The Copyright Act extends a wide range of rights to the first copyright owner without requiring prior copyright registration. Under the Copyright Act, no author can claim rights in the original creative work of some other author. Concluding Remarks.

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

Trademark infringement 6. Dilution under Texas State Law 8. Copyright Infringement 10. Courts need to get wise that what’s really happening here is incumbents are leveraging things like trademark law, the CFAA, and the law of online contracts to avoid competition on the internet. Trespass 5.

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SpicyIP

MARCH 10, 2023

Imagine a scenario where one user claims copyright over certain Output and then, another user also claims copyright over the exact same Output which he arrived at independently, and now imagine these kinds of claims on a large scale.

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SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

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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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Likelihood of Confusion

JANUARY 4, 2024

The remaining issues in the case, you may recall, were copyright infringement and Arizona unfair competition. Here is the status per this morning’s minute entry in the court’s electronic case. The post Designer Skin v. S&L Vitamins trial update appeared first on LIKELIHOOD OF CONFUSION™.

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Traverse Legal Blog

OCTOBER 20, 2022

Owners of NFTs linked to copyright protected works, whether buying or selling, need to be aware of both copyright and trademark law. But can you use the words “Bored Ape” when that brand is registered as a trademark by the project owner Yuga Labs? What is a Fair Use Defense to a Copyright Infringement Claim?

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SpicyIP

SEPTEMBER 16, 2024

(CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. 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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The IP Law Blog

DECEMBER 29, 2023

The Universal Music Group accused a TikTok creator of copyright infringement after they published an AI-generated song that was made to sound like a Drake and Weeknd collaboration. Scott Hervey and Tara Sattler talk about this decision on YouTube and your favorite podcast streaming platform here.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. Unlike trademark law, copyright is not a “use it or lose it” proposition.

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IP and Legal Filings

FEBRUARY 17, 2022

Unfortunately, copyright and trademark law do not provide particular protection for these characters, who, more often than not, exceed their original works to become well-known of their own. Introduction: Whether they arise from literary, artistic, or cinematic works, fictional characters are born of greater productions.

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IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

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43(B)log

JANUARY 27, 2023

Copyright infringement: Rebinding doesn’t create a derivative work. The rebinding leaves glue residue between the cover and the first page of the modified copies and obscures some of the printed matter, but the parties dispute how significant the obstruction is. It’s desirable for making it easier to turn pages for performance etc.

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IP and Legal Filings

MARCH 28, 2024

7] , the plaintiff filed a lawsuit alleging copyright infringement and requested the issuance of an interim injunction to prevent the defendant’s film “Mohenjo Daro” from being released. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.

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IPilogue

DECEMBER 13, 2022

However, though patent law has the “person of ordinary skill in the art” standard and trademark law has the “ordinary casual consumer somewhat in a hurry” standard, copyright law often relies on a judge’s evaluation of whether infringement has occurred.

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BYU Copyright Blog

SEPTEMBER 11, 2023

They cautioned that a repeat offense could result in legal action for trespassing.Unable to reach a compromise on the matter, Oppenheimer resolved to file a Complaint against the Institute on January 1st, 2023, in Federal Court for Copyright Infringement, under Title 17 of the U.S.

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LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product.

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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. Registering for copyright protection is voluntary buty necessary if you wish to file copyright infringement litigation.

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Intepat

OCTOBER 16, 2024

Many countries have enacted laws that align with Berne principles, enhancing protections for authors and creators. The convention has fostered international cooperation in addressing copyright infringement, leading to the establishment of treaties addressing specific issues like digital rights.

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Intepat

OCTOBER 6, 2024

Copyright law protects most of the content that is available online, and therefore if the protected content is used without permission, it leads to copyright infringement. The registration of the brand under trademark law is essential to secure exclusive rights and protection over the brand.

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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. Copyright Infringement. Later it was settled.

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