Kashishipr
SEPTEMBER 20, 2021
Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. In May 2007, the label mark ‘SOYA DROP’ was registered. As per NTC’s statement, both SSPL and SK Oil Industries couldn’t claim copyright in the artistic work.
IP and Legal Filings
OCTOBER 8, 2023
It states that the following classes of works are copyrightable- Original literary, dramatic, musical and artistic works; Cinematograph films, and Sound recording The term ‘artistic work’ is defined under Section 2(c) of the Act. Modak &Anr on 12 December, 2007 (indiankanoon.org) [3] CAIN v. 1013 | S.D.
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IP Whiteboard
AUGUST 30, 2020
In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.
IIPRD
OCTOBER 28, 2023
She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it. v] 2007 (34) PTC 164 (Karnataka). [vi] 541 of 2019.
The IPKat
MAY 2, 2023
Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988. Passing off The Court considered that Tesco’s use of the Clubcard mark gave rise to an actionable passing off, since consumers made a link between the two marks.
IPilogue
FEBRUARY 4, 2022
Where what was taken is qualitatively small but comprises the heart or defining element of a work, such act will amount to substantial copying. In Okilo v Dick Francis and Anor (2003-2007) 5 I.P.L.R Reliefs for copyright infringement under Section 16 of the Act may include damages, injunction, and or account of profits. CONCLUSION.
IP and Legal Filings
AUGUST 14, 2023
Author: Nandini Biswas, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing [1] Duijnstee v Goderbauer; ECJ 15 Nov 1983 [2] Mariano Municoy, ‘Allocation of Jurisdiction on Patent Disputes in the Models Developed bythe Hague Conference in Private International Law: Asymmetric Countries and (..)
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