LexBlog IP

MARCH 9, 2023

The highly anticipated jury verdict in the Hermès litigation over MetaBirkins NFTs has some important takeaways for both artists and sellers of NFTs as well as brand owners. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. 2d 994 (2d Cir.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. It is a form of IPR that is used to guard the hard work and efforts of the artist. Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry.

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Designs Design Copyright Copyright Infringement 89

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection is extendable to any artistic work that is original and is creative.

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Designs Design Copyright Artistic Work 52

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., Protection for Limited Edition Products under Trademark Law. Design Registration is only available if the design is novel at the time of registration.

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IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. The brand image is created of the company.

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Intellectual Property Invention Trademark Copying 98

Kashishipr

AUGUST 17, 2022

Additionally, while creating content, content creators and social media influencers must have adequate authorization and consent in place before using the creative works of others in any form, be it videos, photos, or text, on social media platforms to avoid infringing upon the IPRs of others. How to Ensure Compliance with IP?

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IP and Legal Filings

SEPTEMBER 17, 2021

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. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

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Designs Design Artistic Work Technology 71

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

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Artistic Work Television Trademark Trademark Law 64

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books.

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Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Trademarks. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

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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? Was it a tribute to Alexander McQueen or copyright infringement?

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IP Designs Design Copying 52

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Although, it could receive trademark protection.).

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Intellectual Property IP Invention Designs 52

Corsearch

FEBRUARY 29, 2024

Brands are often targeted by bad actors looking to make a quick profit by stealing intellectual property and exploiting consumers. But we also explain the most effective approach: using AI-fueled and expert-led brand protection solutions to save time and ensure a sustained reduction in infringement across marketplaces.

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Branding Brands Branding Intellectual Property 59

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

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Copyright Fair Use Registration Ownership 52

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]).

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Copyright Copying Branding Brands 60

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. Understanding Mergers.

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LexBlog IP

SEPTEMBER 27, 2021

In a recent decision, the Review Board of the United States Copyright Office (“Board”) reversed an examiner’s prior refusal to register a copyright in the artistic elements present in the bed shown above, paving the way for the applicant to obtain a copyright registration in this work. Varsity Brands, Inc.,

Designs 52

Designs Design Copyright Artistic Work 52

SpicyIP

AUGUST 2, 2021

Discussing the benefits of the accession to India, Yashi writes that in addition to aligning India with international norms, it also facilitates design searches and improves the chances of design registration applications being accepted in other jurisdictions. Fonts and Typefaces: Are they Copyrightable? July 26, 2021]. July 29, 2021].

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Reporting Designs Design Copyright 116

IP and Legal Filings

MARCH 29, 2022

The Paris Convention for the Protection of Industrial Property in 1883 and the Berne Convention for the Protection of Literary and Artistic Works in 1886 both acknowledged the significance of the intellectual property. Trademarks may be used to protect names, logos, emblems, and other symbols that appear on websites.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

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.

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SpicyIP

JULY 5, 2021

Delhi High Court Clarifies Law on Arbitrability of Trademark Disputes. In this guest post , Rounak Doshi discusses the position of law on arbitrability of trademark disputes in light of the Delhi High Court’s recent decision in Golden Tobie Private Ltd. Golden Tobacco Ltd. Thematic Highlight. Image from here.

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43(B)log

FEBRUARY 19, 2022

Summary of current treatment: Although courts have often referred to “expressive” or “artistic” works as shorthand for the scope of Rogers, they have applied it to speech that quali?es The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems. The 9th Circuit in Bosley v.

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Trademark Law Trademark Art Branding 72

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer. However in the case of A.

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Intellectual Property Artistic Work Designs Design 81

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

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Registration Trademark Copyright Registering Trademarks 52

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Each piece was carefully handmade within the studio kitchen of the famous food artist Prudence Staite. TRADEMARK.

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Editing IP Artistic Work Designs 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Technology & Marketing Law Blog

JUNE 21, 2023

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.] VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky. 1114(1) or 15 U.S.C.

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43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

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