article thumbnail

Can Intellectual Property Rights Safeguard Your Blog?

Kashishipr

A blog is like any other creative work of literature manifested in a different form. Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Copyright and Blogs. Blogging and Fair Use.

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.] If another’s mark is used within the title or content of an expressive work, the Rogers test prevents a finding of infringement under 15 U.S.C.

Trademark 103
Insiders

Sign Up for our Newsletter

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

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

Protection of Jewellery under Intellectual Property Rights

Biswajit Sarkar Copyright Blog

Section 2(c) of the Copyright Act 1957 states that a copyright covers what is referred to as an artistic work, when interpreted in relation to the protection of jewellery through intellectual property, it may be deemed that the initial artistic sketch on which the design is based will be subject to copyright protection.

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.

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

Protecting Fashion or Stifling Innovation

IIPRD

3] The blog deals with the role of IPR in fashion and the struggle between innovation and imitation. These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Infringement Of IPR – Design or Artistic Work? Tahiliani Design Pvt.