LexBlog IP
MAY 18, 2022
8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.
Kashishipr
SEPTEMBER 20, 2021
The label in question was designed by an employee of SK Oil Industries. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products.
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Intellectual Property Law Blog
JUNE 16, 2023
On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A). 1125(c)(3)(A).
The IPKat
OCTOBER 15, 2023
The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire. b) the work in question builds on and constitutes a variation of a previously known design or an ongoing design trend?
LexBlog IP
MARCH 27, 2023
2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. The toy replaces the text “Jack Daniel’s Old No.
The IPKat
JUNE 17, 2023
“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. Lord Millett set out the test in the context of the landmark decision in Designers Guild , concerning infringement of copyright in a fabric design.
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. Left: Chris Black’s Jarrangini (buffalo), 2018 © Chris Black/Copyright Agency, 2020.
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