article thumbnail

Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] 3] The blog deals with the role of IPR in fashion and the struggle between innovation and imitation. Infringement Of IPR – Design or Artistic Work? Tahiliani Design Pvt.

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

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

Kashishipr

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. The label in question was designed by an employee of SK Oil Industries. Defendant’s Response.

article thumbnail

What Do You “Meme” That’s Copyrightable?

IPilogue

As part of the course requirements, students were asked to write a blog on a topic of their choice. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. It’s no secret that memes have taken the internet by storm.

article thumbnail

Bad Day For Artists! Updates To The Hermès v Rothschild Dispute

IPilogue

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

article thumbnail

Best Practices for Intellectual Property Management in Small to Medium Enterprises (SMEs)

Intepat

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. Turning a trademark into a powerful brand can influence consumer preferences and commercial reputation, contributing to consumer loyalty and maximum economic benefits.

article thumbnail

Lidl v Tesco – Court of Appeal overturns copyright infringement finding

Kluwer Copyright Blog

For more details on the first instance decision as a whole, see our prior Kluwer blog post here. Accordingly, the Mark with Text was a protectable copyright work as an artistic work. Secondly, the only protectable elements of a derivative work are those that are original over the antecedent work.