article thumbnail

Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

article thumbnail

Puzzlingly calling a venue name a "title," court nonetheless rejects claim against MTV show

43(B)log

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring. This part is not persuasive.

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

Exploring the Various Facets of Copyrights in Digital Spaces

IP and Legal Filings

Copyright laws play a crucial role in protecting creative expressions such as literary works, artistic works and musical works. This exclusive rights comprises of the right to copy, distribute, perform, license or adapt the work. It officially came into force in March 2002. Technology and copyright law.

article thumbnail

Supreme Court Rules in Favor of Jack Daniel’s in BAD SPANIELS Case: Parody Marks Can Still Function as A Source Identifier

LexBlog IP

The Supreme Court’s decision focused its analysis on use of a mark as a source identifier, as opposed to the Ninth Circuit’s focus on the mark as an expressive work. Grimaldi , the Second Circuit established a threshold test for artistic works that incorporate third party trademarks. [1] In Rogers v. 3d 86 (1997). [6]

article thumbnail

Dynamic Blocking Injunctions – Lessons for the Egyptian Copyright Legislator

Kluwer Copyright Blog

We simply endeavour to highlight its significance in reshaping copyright enforcement in the prospect of an Egyptian digital market. 82 of 2002 ) itself. This leads us to question the adequacy of the law in fighting online piracy and the illegal dissemination of protected works in the Egyptian digital market.

article thumbnail

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] 01, out/2002, p. In the case at stake, the U.S. O fair use no direito autoral. Revista Forense.