Remove Artistic Work Remove Blog Remove Trademark Remove Trademark Law
article thumbnail

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

Trademark 100
article thumbnail

Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.

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

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

Garrigues Blog

The way legal protection varies from country to country complicates things even further, forcing designers to maneuver through a complex web of legal protection that ranges from copyright to industrial designs, trademark law and unfair competition. Consequently, works applied to practical products were not protected under criminal law.

Art 59
article thumbnail

Trademark and Copyright Cases to Watch in 2023

The IP Law Blog

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

article thumbnail

Trademark Tussle: Blenders Pride vs. London Pride – A Legal Saga Unraveled

IP and Legal Filings

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

article thumbnail

Santa Clause and IP

Biswajit Sarkar Copyright Blog

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. has several registered trademarks depicting various creative images of Santa Claus.

IP 52
article thumbnail

Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law. In essence: ‘use it or lose it.’

Editing 105