Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

Copyright 60

Copyright Copying Branding Brands 60

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Copyright How would you define copyright? The word ‘ copyright ’ in its simplest sense is an amalgamation of the two words ‘copy’ and ‘right’ which leads to the meaning— ‘right to copy’. Copyright is by nature a very narrow protection.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. In 2022, A. public domain.

Public Domain 106

Public Domain Intellectual Property Copyright Social Media 106

IP Whiteboard

JULY 19, 2020

On 27 April 2020, the Supreme Court of the United States ( Supreme Court ) handed down its decision in Georgia Et Al v Public Resource Org, Inc. The Supreme Court held that works authored by legislators in their legislative capacity were ineligible for copyright protection. What was copyrighted?

Copyright 52

Copyright Law Government Public Domain 52

The IPKat

OCTOBER 15, 2023

When assessing whether a work of applied art affords exclusive rights granted through copyright, what factors should be considered? The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original.

Art 91

Art Designs Design Marketing 91

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

IP and Legal Filings

APRIL 20, 2023

Introduction Any literally or artistic work that is original and creative i.e.; not copied from anywhere by the owner is protected under Copyright Act, 1957. They gain from this information to create another piece of work, settling on free choices all through the cycle to figure out what the work resembles [2].

Ownership 60

Ownership Moral Rights Public Domain Intellectual Property 60

Technology & Marketing Law Blog

DECEMBER 11, 2021

In the wake of the 2020 Lukis v. For example, if a third-party poster copies a newspaper article and posts it to their social media page, the court implies that the social media service can never assert Section 230 protection for that article–even if the third-party poster isn’t infringing copyright because of, say, fair use.

Advertising 93

Advertising Advertising Social Media Blogging 93

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). The Copyright Act is not effectively enforced, and copyrighted materials are frequently pirated.

Intellectual Property 68

Intellectual Property IP Government Invention 68

SpicyIP

MAY 6, 2024

vs Prerna Rajpal Trading As The Amaris Flagship Store on 29 April, 2024 (Delhi High Court) The dispute is over copying substantial elements like placement, pattern, color combination of plaintiff’s Serpenti Ocean Treasure Necklace by the defendant’s Shield-It Necklace. Bulgari S.P.A Kutch’s Ajrakh gets GI tag.

Trademark 59

Trademark Invention Licensing Patent 59

SpicyIP

MARCH 11, 2024

Abhi Traders vs Fashnear Technologies Private Limited on 29 February, 2024 (Delhi High Court) The plaintiff, a popular e-commerce seller, filed a suit against defendants on www.meesho.com for unauthorized use of copyrighted images and selling counterfeit goods. Third, the evidence of the plaintiff’s use of the mark from 1989 are fabricated.

Trademark 59

Trademark Registration Copyright Patent 59

IP Whiteboard

JUNE 7, 2021

You then upload a copy of the digital work that you want to represent in NFT-form to the NFT marketplace, pay a transaction fee and click ‘create’. It’s hard to identify and verify the true owner of content when an identical copy of that content can be created with a few clicks of a mouse. What are the benefits of NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens IP Cease and Desist Ownership 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

PDF copy available. IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52