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 in India is governed by the Copyright Act, 1957 (“Copyright Act”).

Designs 52

Designs Design Copyright Artistic Work 52

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

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 74

Copyright Branding Brands Branding 74

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

Intepat

OCTOBER 7, 2022

This means protecting significant rights to their original works. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Protection of an Artistic Work–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

IP and Legal Filings

AUGUST 12, 2024

It means the products created by the use of the human mind as well as some resultant inventions, literary works, original designs, and the identities of various trademarks or logos that serve as brands in the market. for new “lines and grains” of “Basmati” rice as a brand name while its headquarters located in Alvin, Texas.

Intellectual Property 52

Intellectual Property Marketing Marketing Branding 52

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. Turning a trademark into a powerful brand can influence consumer preferences and commercial reputation, contributing to consumer loyalty and maximum economic benefits.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

IP and Legal Filings

APRIL 8, 2023

Licensing It denotes that the film is based on a previously published novel, book, or artistic work. By repealing the Consumer Protection Act 2019, the government recognized the critical need to protect consumers from misleading advertisements for products endorsed by such celebrities.

Privacy 94

Privacy Law Intellectual Property Music 94

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

SpicyIP

AUGUST 16, 2024

In the instant case where both the parties were involved in manufacturing water storage pipes, the appellant sought the removal of the respondent’s copyright registration for an artistic work titled “Gauri Aqua Plast,” claiming it was deceptively similar to its own registered work “Plasto.”

Intellectual Property 91

Intellectual Property Litigation Trademark Artistic Work 91

The IPKat

SEPTEMBER 24, 2021

is it the actual user of the photograph under a licence arrangement or the licensor or both); the author of a photograph as an artistic work; whether passing off applies to images/photographs; and what to establish to succeed in a claim for passing off relating to image rights. VMNL) or both that person and their licensee (i.e.

Ownership 90

Ownership Artistic Work Contracts Copyright 90

SpicyIP

SEPTEMBER 29, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the Delhi High Court’s Oppo decision, Calcutta High Court IPD Rules, Central Government’s executive order on clinical trial waiver. This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 80

Trademark Confidentiality Patent Application Copyright 80

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? citing Hustler v. Falwell and Mattel v. City of Los Angeles, 697 F.3d

False Advertising 59

False Advertising Advertising Advertising Artistic Work 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].

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

SpicyIP

AUGUST 2, 2021

In a guest post , Shivam Kaushik discusses the copyrightability of fonts and typefaces from an artistic work perspective under the Copyright Act, 1957. Call for Applications: Research Positions at Center for Communication Governance (CCG) at NLU, Delhi. Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Design Designs Copyright 116

SpicyIP

JULY 5, 2021

I argue that rewarding knowledge production and creative effort itself through maximising commercial advantage via exclusive rights are incentives that do not apply to government works whose primary motivation for creation is public dissemination. The Bombay High Court in Hindustan Unilever Ltd v.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

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. can still lead to brand dilution, lost customer loyalty and lost profits.

Copyright 52

Copyright Fair Use Registration Ownership 52

LexBlog IP

SEPTEMBER 15, 2022

Nor is it clear whether—or how—NFTs might trigger liability under the 76-year-old federal Lanham Act , which governs trademark infringement and unfair competition. They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 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

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.

Intellectual Property 98

Intellectual Property Artistic Work Design Designs 98

IIPRD

JANUARY 29, 2023

The law doesn’t specify 3D or 2D characters as copyrightable, but they can be covered under artistic works as per Section 13 of the Copyright Act. To identify such fictional works, we generally rely upon two tests Character Delineation Test [10] and Story being told Test. [11] 6] Stuart D. Levi & Alex B. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

Intepat

OCTOBER 16, 2024

Overview of Major International IP Treaties The realm of Intellectual Property (IP) is inherently global, as the creations it protects—such as inventions , literary and artistic works , designs , and trademarks —often transcend national borders. In conclusion, the landscape of international IP governance is continually evolving.

IP 52

IP Law Intellectual Property Trademark 52

SpicyIP

FEBRUARY 12, 2024

Read Tejaswini’s post on the recent DHC order concerning these two liquor brands. Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. Would you mix up these two labels: Officers Choice and Peace Maker?

Trademark 78

Trademark Social Media Registering Trademarks Copyright 78

SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

FEBRUARY 1, 2023

VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel. Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. Rogers , 875 F.2d

Trademark 52

Trademark Intellectual Property Branding Brands 52

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

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. Jack Daniels is appealing a Ninth Circuit ruling that VIP’s toys are shielded from infringement and dilution claims because they are expressive works protected under the First Amendment.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

43(B)log

OCTOBER 4, 2021

At a more theoretical level, these algorithmically optimized registrations help show why applications have spiked so much—other important institutions, like Amazon and the Chinese government, are using the PTO for their own purposes. Question: is a political newsletter really artistic? American Girl Brands, LLC, 2021 WL 510729, No.

IP 94

IP Trademark Advertising Advertising 94