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The Briefing from the IP Law Blog – What’s in a Name: Clearing Titles for Film and Television. In this week’s episode, Scott Hervey and Josh Escovedo discuss the complex process of clearing titles for Film and Television. They discuss recent high-stakes litigation around entertainment titles, including Stouffer v.
The latest episodes of the new Disney+ television series "She-Hulk: Attorney at Law" shine a rare spotlight on trademark infringement, as a superpowered influencer takes the titular Marvel Comics hero to court for using the same name as a "She-Hulk" brand that she claims to own. Warning: Spoilers ahead.
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! Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”. Lyca Productions v.
Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Television producers need to be careful to ensure that they are not mimicking real-life businesses too closely to offer their fictitious shows some realism. How similar is too similar? Photo retrieved from Tubefilter.
In at least one case, there are breaches of trademarklaw too. From a basic web browser to dedicated media players such as VLC, many tools will do the job, but when users want to access IPTV streams (Internet Protocol Television), they often turn to tools designed for that specific purpose.
Hepp is a television newscaster. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue. About the Case.
Unfortunately, copyright and trademarklaw 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.
The Trademarklaw in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement). When combined with sound, the state trademarks are referred to as multimedia marks.
AJ Press 20th Century Fox Television v. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Cases Discussed: Jack Daniels Properties v. VIP Products Rogers v. Grimaldi Punch Bowl v. Empire Distribution, Inc.
trademarklaw for distinctive visual element(s) to become a trademark, i.e., an identifier of source for a particular party’s goods or services. trademark, No. trademark, No. As we’ve written about in prior posts , it’s possible under U.S.
After all, the historical background is material to understanding how OSU was able to obtain trademark rights in the word THE. Almost every player from Ohio State University that plays in the NFL announces that he attended THE Ohio State University when introductions take place at the start of each game.
Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademarklaws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue.
In case of infringement by an identical or similar trademark, the trademark holder has the right to seek an injunction against the infringing party. This approach is customer-centric, acknowledging that ordinary consumers do not retain information about a trademark’s separate elements but rather perceive it as a unified whole.
Introduction The media and entertainment industry is a broad and ever-evolving domain that includes several industries, including music, cinema, television, fashion, and more. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.
A week when players, spectators, and television viewers alike embark on a pilgrimage to Augusta National, with the smell of freshly cut grass and azalea blossoms in the air. Ah, the Masters Tournament, the epitome of golfing glory. But did you know the Masters is also a masterclass in intellectual property protection?
Registration of films titles with associations Another way to go for producers or production houses in to register their titles with Associations namely like, the Indian Motion Pictures Association and the Indian Film and Television Producers Council (IFTPC). [12] Ameya Vinod Khopkar Entertainment, 2020 SCC OnLine Bom 11301 [9] Rakshana.
Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).
Unlike trademarklaw, copyright is not a “use it or lose it” proposition. As the rightsholder, Netflix has the ability to dictate the terms on which fans can utilize its works for commercial purposes.
In this case it is also clear how important it is to obtain intellectual property protection in the area of television and other entertainment products, in which fictional characters and creative elements have a high economic value, especially in the world of merchandising.
While YouTube seeks to protect the IP rights of the trademark holder, they only provide a minimal investigation of the complaint. However, in addition to these limited measures, the trademarklaws in India provide the following comprehensive remedies for trademark infringement.
Several had appeared in magazines, advertising campaigns, television episodes, and films. Anyway, “recognizability thus serves the purposes of trademarklaw in the false endorsement context.” Plaintiffs had “varying levels of success and visibility in their modeling careers.” Some were former Playboy Playmates.
Introduction In the conventional sense, trademarklaw requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations of trademarklaw over the years, with one such advancement being protection of fictional characters under trademarklaw.
Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. As one of MGFB’s principals testified as to Kenny Chesney’s televised concert: [H]e asked permission to do it, and we told him it was fine. It was him.
Consider a book title, especially in connection with the television or movie adaptation of a literary work. Still the Circular does hold out a ray of hope, noting that- [u]nder certain circumstances, names, titles, or short phrases may be protectable under federal or state trademarklaws. The question is: what kind?
The court agreed with the petitioner’s arguments and also found that the explanation of reverse deduction by the defendant, for the coinage of the mark, if accepted, will trivialize the trademarklaw. Delhi High Court restrains Calcutta Television Network from using CN Mark, holding it to be deceptively similar to CNN’s logo.
The Toking Dead (cannabis company parodying the famous “Walking Dead” television marks). However, two relatively recent Supreme Court decisions have made it possible to potentially challenge the constitutionality of the dilution provisions set forth under federal trademarklaw (i.e., the Lanham Act).
TrademarkLaw. Parody in Trademarks is No Joke. In Subway IP LLC v Budway, Cannabis & Wellness Store , the Federal Court reaffirmed that parody is not a defence against trademark violation. These services made copyrighted works owned by the plaintiff available to the public without the plaintiff’s permission.
Relying extensively on the rationale of the Single Judge’s order, the Division Bench held that Section 31D specifically deals only with Radio and Television Broadcasting. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. Bolt Technology v. First, in Toyota v.
Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademarklaw 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.
Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademarklaw.
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