LexBlog IP

SEPTEMBER 27, 2021

Varsity Brands, Inc., ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e., ” Star Athletica, LLC v.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

JULY 13, 2022

However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. 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. Copyright Act or Design Act?

Copyright 72

Copyright Artistic Work Designs Design 72

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry.

Designs 77

Designs Design Artistic Work Branding 77

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. 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.

Law 90

Law Branding Brands Branding 90

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. Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later.

IP 52

IP Designs Design Copying 52

Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. 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.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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. How about Copyright or Design Protection?

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Editing Law IP Designs 105

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.”

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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. Rothschild , No.

Litigation 52

Litigation Artistic Work Branding Brands 52

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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! Piracy and Fashion Design. Protection under the Designs Act, 2000. That is their main asset, their main product.”

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

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Utility and Design Patents.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

MARCH 27, 2023

2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. The toy replaces the text “Jack Daniel’s Old No.

Artistic Work 52

Artistic Work Designs Design Trademark 52

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. Now let us define IPRs. They refer to the exclusive and legal rights safeguarding the unique creations of the human intellect for a specific period.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. ” Copyright protection exists at the time of creation of the artistic or literary work, but before enforcing the rights against an infringer, it is necessary register the work with the U.S. .”

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property or IP is a creative work or invention that one holds rights to. Manuscripts, designs and art can all be classified as intellectual property. Non- fungible tokens have been designed to give a person ownership of something, kind of like modern day digital collectibles. What is Intellectual Property?

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

Branding 59

Branding Brands Branding Intellectual Property 59

IIPRD

MARCH 4, 2024

This right can be related to music, a book, a logo, any art work, work related to science, designs of the industries. Work related to art or any rights which is related to literary, artistic, or scientific related matters. The brand image is created of the company. Case Law on Copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. For instance, when a consumer buys an iPhone, the expectation is for the smartphone to operate well with a fine operating system and processor that would work for a long time. Trademarks.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design Copyright 116

The IPKat

MAY 2, 2023

However, this argument did not satisfy the Court, which on the contrary, specified that it was those characteristics that are specific to Lidl’s brand. Copyright The Court also established that Lidl’s mark was protected by copyright as an original artistic work under Section 4 of the Copyright, Designs and Patents Act 1988.

Artistic Work 91

Artistic Work Registration Copyright Copyright Infringement 91

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Utility and Design Patents.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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. The World Intellectual Property Organization administers both accords (WIPO).”. Image Source: gettyimage].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

IP and Legal Filings

NOVEMBER 11, 2022

Copyright protects the producers of any original work, and is relevant to almost all businesses, not just those in the creative industry. Businesses regularly create articles, photographs, drawings, designs, models, websites, computer software, etc., Copyright is an automatic right that arises the moment a work is created.

Copyright 52

Copyright Fair Use Registration Ownership 52

LexBlog IP

JUNE 20, 2023

Respondent VIP Products makes a squeaky, chewable dog toy designed to look like a bottle of Jack Daniel’s whiskey. 7 Brand Tennessee Sour Mash Whiskey” turns into “The Old No. meaning] pervasive copying and trading off a brand’s goodwill [that] tends to confuse will get a Lanham Act pass under Rogers.”

Trademark 40

Trademark Designs Design Fair Use 40

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

While copyright is concerned with the creative part of jewellery, design is concerned with the shape, configuration, pattern, and mix of lines or colours in two or three-dimensional forms. Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act. However in the case of A.

Intellectual Property 81

Intellectual Property Artistic Work Designs Design 81

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. Wix : for pixel-perfect designs.

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

It’s essential to take the time and finesse your online portfolio because it’s often the first touchpoint people have with your work. Collectors, gallerists, advertising agencies, companies, and more will look online to learn more about your artistic work and credentials as a creator. Wix : for pixel-perfect designs.

Artwork 52

Artwork Art Social Media Marketing 52

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 And sometimes brands do unauthorized customizations—McDonald’s customized a PS4 with painted McD fries. Will people assume co-branding?

Trademark Law 72

Trademark Law Trademark Art Branding 72

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

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. COPYRIGHT OR DESIGN. It is possible for a product to fall under both Copyright and Design categories. It is an either-or choice.

Editing 52

Editing IP Artistic Work Designs 52

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. They filed a suit alleging copyright and trademark infringement against the defendant after discovering that they were selling household products under the name, ‘SUFIYAMA’, using a similar trade dress and artistic work. Defendant no.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103