The IPKat

MARCH 2, 2023

Grimaldi ) whereby the right to protect a registered trade mark (a protection given in the USA law essentially by the Lanham Act ), under some circumstances, cannot be enforced to detriment of “the right of others to express themselves freely in their own artistic work” (from the Rogers v. Grimaldi case).

Artwork 95

Artwork Non-Fungible Tokens Artistic Work Branding 95

The IPKat

OCTOBER 27, 2021

The author argues that copyright holders would do well to heed this wisdom before entering into litigation, as exemplified by a recent decision from the Swedish Patent and Market Court in case PMT 2401-21. Brand] should always be placed on the bottom line on each roof tile.

Cease and Desist 139

Cease and Desist Litigation Copyright Marketing 139

Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IP and Legal Filings

JANUARY 31, 2023

[Image Sources : Istock] Metaverse- a Magnet to Fashion Brands Virtual worlds provide fashion brands with the opportunity to significantly cut down on the excessive resource consumption of lifestyle and create sustainability. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size.

Law 86

Law Branding Brands Branding 86

IIPRD

OCTOBER 28, 2023

Some classic examples of catchphrases in the commercial market include Nike’s “Just Do It,” KFC’s “Finger Lickin’ Good,” Thums Up’s “Taste the Thunder,” Redbull’s “Give you Wings,” among others. A trademark is a marketing tool, valid in India for ten years once granted and can be renewed further. In Reebok India v.

Copyright Law 59

Copyright Law Branding Brands Branding 59

IIPRD

SEPTEMBER 17, 2021

These items have restricted production and remain in the market only for a short duration of time. They almost never re-enter the market again. This creates scarcity of the product in the market. Basic principles of economics dictate that when a product is scarce in nature, its demand in the market tends to increase.

Editing 52

Editing IP Artistic Work Designs 52

IP and Legal Filings

JULY 13, 2022

However, even then, the degree of novelty required in work was not so low as to allow everyone to get copyright protection for their artistic work. In this paradigm-shifting judgment, the Court introduced the principle of “ minimum requirement of creativity ” in order to acquire copyright protection over an artistic work.

Copyright 68

Copyright Artistic Work Designs Design 68

IPilogue

DECEMBER 9, 2021

In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Memes that contain both artistic and literary components may comprise both an artistic and literary work: originality may exist in their combination.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Accordingly, the Mark with Text was a protectable copyright work as an artistic work. Background The parties are the well-known supermarkets in the UK: Lidl and Tesco.

Copyright Infringement 60

Copyright Infringement Copyright Copying Artistic Work 60

LexBlog IP

FEBRUARY 26, 2024

Fashion Week season is the chance for fashion brands to show their flair and dynamism by launching new creations, ready to be devoured by buyers, influencers, journalists, consumers, and unfortunately, also by competitors. Fashion show: a work of art? One way is to take advantage of the European unregistered design.

IP 52

IP Designs Design Copying 52

43(B)log

DECEMBER 1, 2022

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” New Life Art, Inc., 3d 1266 (11th Cir.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. As of 2019, the apparel market was valued at about 368 billion U.S Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years.

Designs 73

Designs Design Artistic Work Branding 73

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. This type of merger transaction helps increase the market size of the business. Understanding Mergers. Understanding Acquisitions.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IP and Legal Filings

MAY 30, 2022

Copyright is a crucial right endowed to the formers of any artistic work, it needs to be protected by a process named ‘copyright violation’ which encroaches upon the exclusive rights given to the copyright holder. Copyright violation refers to when an unauthorized user infringes the original work of another individual.

Copyright 61

Copyright Branding Brands Branding 61

LexBlog IP

MARCH 24, 2023

And on Wednesday, Jack Daniels prompted a debate over the tug-of-war between free speech and the right to control brand image in the marketplace. citizens accountable when foreign companies also purposely target marketing to U.S. The Line Between Artistic and Commercial: Jack Daniel’s Properties Inc. VIP Products, Inc.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

IIPRD

FEBRUARY 6, 2024

Patent Law in the Entertainment Industry Patent law is concerned with protecting ideas and innovations, whereas copyright and trademark laws are primarily concerned with protecting creative works and brands. Trademarks are essential to the entertainment industry’s ability to establish and preserve brand identification.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Avoid brand confusion between Nike and other competitors: Nike plans to merge blockchain technology and streetwear culture and fashion.

Trademark 52

Trademark Ownership Branding Brands 52

TorrentFreak

FEBRUARY 18, 2023

Safe in the knowledge that 24/7/365 wall-to-wall multi-media coverage would never be enough, Penguin Random House (PRH) reportedly paid a $20 million advance for Prince Harry to end all speculation, once and for all, in a brand new book. million units across print, digital, and audio formats – in its first week on sale.

Publishing 78

Publishing Cinema Copying Artistic Work 78

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products.

Editing 105

Editing Law IP Designs 105

Intepat

OCTOBER 7, 2022

This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. The following types of original artistic work are protected by copyright. a collage, sculpture, photograph, or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. Content creators and social media influencers work sincerely to build their reputation for expertise in specific industries, products, and topics. It is easy to use and remember.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Intepat

OCTOBER 7, 2022

Protection of an Artistic Work–. Easing the Marketing Process: Developing brand awareness for your company requires using intellectual property. The IP laws outlined above will not only protect a person’s work once conceived but also help protect it throughout the design phase of the product. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. The brand image is created of the company. It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Kashishipr

MARCH 16, 2022

Trademarks (referred to as logos and brand names in a layman’s language) are the source identifiers intended to safeguard the general public from getting confused about the origin of products and services available in the market. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. Case Summaries Gujarat Cooperative Milk Marketing v. The plaintiff submitted that though their “Sufiyana” mark has not been registered, they have been using the same since 2014/ 2018 and thus have gathered a substantive goodwill in the market.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

Kluwer Copyright Blog

OCTOBER 30, 2023

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. Tesco is descried as a “mid-tier” supermarket: it has a “selection of own-brand and third party products at a range of price points” (Paragraph [51]).

Copyright 60

Copyright Copying Branding Brands 60

IPilogue

MARCH 1, 2022

This article was prompted in part by Tabathia, also known as The Adorned Fox (“TAF”), whose post on trademarking her brand spurred me to reach out and learn more about her experience. Emily (E): What prompted you to protect TAF and trademark your brand? What about with larger brands (i.e.,

Social Media 106

Social Media IP Business Branding 106

Art Law Journal

JUNE 30, 2022

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. Anyone who then tries to use the name Alligator for their shirt brand would be infringing the trademark. Trademarks.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. The World Intellectual Property Organization administers both accords (WIPO).”.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. So, were Sony’s statements, “a brand new album from the greatest artist of all time” with “9 previously unreleased vocal tracks performed by Michael Jackson,” commercial speech?

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Licensing It denotes that the film is based on a previously published novel, book, or artistic work. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 77

Privacy Law Intellectual Property Music 77

Art Law Journal

JUNE 30, 2022

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

JUNE 21, 2023

VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. My post summarizes the Court’s ruling and discusses its implications for brand owners, companies that sell parody products, and anyone interested in trademark law.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. What does your creative work stand for?

Artwork 52

Artwork Art Social Media Marketing 52

SpicyIP

JULY 5, 2021

Volvo, to argue that there has been a trend in these cases wherein giant companies go after smaller companies and start-ups with a collection of baseless arguments, in a bid to broaden the scope of their brand and cash in on the consequential benefits that flow from the same. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105