article thumbnail

The protection of fashion and applied art under criminal law: the Supreme Court rules on the Desigual case

Garrigues Blog

The Supreme Court has delivered a judgment that bolsters copyright protection for works of applied art under criminal law: It sets an important precedent in Spain in distinguishing design as an art that deserves protection under both criminal as well as civil law.

Art 59
article thumbnail

Santa Clause and IP

Biswajit Sarkar Copyright Blog

Santa Claus art works which are often used by brands to promote their Christmas related products can be protected copyright law. However, if an artist comes up with an original depiction of Santa Claus then it shall be copyright protected on account of being an original artistic work of that artist.

IP 52
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. New Life Art, Inc., There was no requirement that the use be “necessary” to the art. The title-v-title exception to original-recipe Rogers didn’t apply, because the bar’s name is not the title of an artistic work.

article thumbnail

Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and Seizing Opportunities

IIPRD

Intellectual property covers the rights relating to: performances by artists, phonograms, and broadcasts; literature, art, and science; advancements in diverse human endeavors; scientific discoveries; protection against unfair competition. But in the current scenario, AI is causing greater challenges to the trademark law as well.

article thumbnail

Understanding the Relevance of IPR in the Fashion Industry

IP and Legal Filings

Fashion, in 2021, has evolved to become a form of art that acts as a vehicle for cultural commentary and is not just merely restricted to the process of manufacturing apparel. Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. The intersection of fashion and IPR.

Designs 68
article thumbnail

Can Celebrity Catchphrases be Intellectually Protected?

IIPRD

Commercial and Social Impact of Celebrity Catchphrases Several catchphrases gain fame due to them being associated with celebrities or featuring in famous movies, songs or other art forms, such as “Hakuna Matata” from The Lion King. In Reebok India v.

article thumbnail

Free Mickey? (Don’t Be Goofy)

LexBlog IP

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. Trademark law has something to say about use.