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

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?

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Copyright Artistic Work Designs Design 69

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.

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Law Branding Brands Branding 86

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

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.

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Designs Design Artistic Work Technology 73

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.

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IP Designs Design Copying 52

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.

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Litigation Artistic Work Branding Brands 52

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. The plaintiffs have obtained registration in respect of their trademark in Class-33. Whether the consumers of such products be able to differentiate between both brands?

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Trademark Intellectual Property Branding Brands 52

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. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

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

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.

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Intellectual Property Invention Trademark Copying 98

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.

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Artistic Work Registration Copyright Copyright Infringement 91

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.”

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Intellectual Property Artistic Work Designs Design 40

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. That’s understandable. Your Copy-Rights.

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Intellectual Property IP Invention 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.

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Copyright Fair Use Registration Ownership 52

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?

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Reporting Designs Design Copyright 116

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?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

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.

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Intellectual Property Artistic Work IP Marketing 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

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].

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Intellectual Property Intellectual Property Law Artistic Work IP 52

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.

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IP Invention Intellectual Property Registering Trademarks 98

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.

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Intellectual Property Artistic Work Designs Design 81

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 Registration works like the last set of cases, indifferent to the commerciality of the registrant’s speech. Confusion as to source?

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Trademark Law Trademark Art Branding 72

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.

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Editing IP Artistic Work Designs 52

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

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.

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Trademark Social Media Registering Trademarks Copyright 103

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. 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design.

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Trademark Blogging Trademark Law Fair Use 99

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Thus, even though it would be possible to have a registrable llama logo that functioned as a trademark, that’s not what Epic had.

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