Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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IP Invention Intellectual Property 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. For more visit: [link].

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Editing Law IP Designs 105

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. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

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Law Branding Brands Branding 83

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. While the firms have noticed that Intellectual property (IP) can provide a competitive edge, but understanding its nature and worth is challenging. This is where IP management steps into the picture.

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Intellectual Property Management Intellectual Property IP Licensing 52

IPilogue

MARCH 14, 2023

Judge Rakoff held that the Rogers v Grimaldi test for artistic works applies where the key inquiry is whether the trademark was used to mislead the public. This test was applied as opposed to the Gruner + Jahr test, which applies where no artistic work is involved.

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Artistic Work Art Intellectual Property Trademark 105

IP and Legal Filings

MAY 24, 2024

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. Thirdly, Hermès being a cultural symbol of opulence and rarefied status, can be fairly utilized for the portrayal of consumerism and wealth in artistic endeavours [3].

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Non-Fungible Tokens Art Trademark Branding 77

IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Artistic Work Designs Design Copyright 45

LexBlog IP

AUGUST 17, 2023

Essentially, trademarks are for the things that identify the brand or that a product or service is being offered by a particular brand. Copyright is for artistic works, and there can be overlap between trademarks and copyright. The post Do You Copyright or Trademark a Business Name?

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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.,

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Social Media IP Business Branding 106

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. As such, IP protection of jewelry is crucial for jewelry companies for a variety of reasons.

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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. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

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Confidentiality Invention Business Artistic Work 113

Kashishipr

SEPTEMBER 20, 2021

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. The label in question was designed by an employee of SK Oil Industries. Defendant’s Response.

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Registration Artistic Work Copyright Registering Trademarks 98

IIPRD

JANUARY 29, 2023

1] However, this growth also brought an onslaught of new Intellectual Property (IP) issues. In the recent instance of Projekt Melody and DigitrevX, [4] the VTuber Melody lost her account for a day and her twitch partnership after a DMCA takedown after DigitrevX accused her of IP infringement. [5]

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IP Artwork Contracts Intellectual Property 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.

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Copyright Artistic Work Designs Design 66

IP and Legal Filings

SEPTEMBER 20, 2023

The Trademarks Act 1999- The Act intends on protecting the name of the brand by registering the trade name of the brand, hence eliminating the possibility of any other person using it without facing consequences. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.

Designs 88

Designs Design Copyright Copyright Infringement 88

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 70

Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

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Social Media Intellectual Property Registration Branding 52

IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. Copyright and trademark are the most important IP rights in this industry. Trademarks are essential to the entertainment industry’s ability to establish and preserve brand identification.

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Intellectual Property Cease and Desist Copyright Law Music 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. That’s understandable. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 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. They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment.

Litigation 52

Litigation Artistic Work Branding Brands 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. DESIGNS ACT, 2000.

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Intellectual Property Designs Design Artwork 52

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. 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.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design. DESIGNS ACT, 2000.

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Intellectual Property Designs Design Artwork 59

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.

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Copyright Artistic Work Copying Intellectual Property 89

IP and Legal Filings

NOVEMBER 15, 2021

Enforced IP rights indicate that the products or services are authentic and of a quality that consumers recognize and expect. Due to the same reason, cyberspace can often become a breeding ground for IP infringement. However, several international conventions and treaties have emphasized the importance of protecting IP in cyberspace.

Copyright Infringement 71

Copyright Infringement Business Copyright Trademark 71

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. Therefore, the same cannot be protected under Indian Copyright law as a literary or artistic work but could be protected under passing off law if a case is made for it.

Copyright Law 59

Copyright Law Branding Brands Branding 59

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. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. As the U.S. Copyright Office. A patent protects an invention.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

Traverse Legal Blog

OCTOBER 20, 2022

In short, the name of a non fungible token project as well as the name of the linked digital file can be considered intellectual property, and the original owner of the NFT has the exclusive right to transfer IP rights to the new owner if they choose to do so. Can NFTs Reflect Ownership License Rights or Other IP?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

The IPKat

NOVEMBER 20, 2022

Artistic works?) From an international perspective, he reflects on the problem of ensuring benefit for indigenous communities when from an IP perspective, the ancient Benin bronzes may not qualify for IP protection in the repatriating countries. Traditional cultural expressions?

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Ownership Copyright Intellectual Property Law Government 123

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. AMAZON IP ACCELERATOR–THE ASSISTANCE TO INDIAN BUSINESSES. Image Source: gettyimage].

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Intellectual Property Intellectual Property Law Artistic Work IP 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.

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Copyright Branding Brands Branding 59

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

IPilogue

JANUARY 20, 2022

Yet, in many cases, museums continue to profit off of and control these works. On the one hand, licensing deals made possible by control over artistic works offer an important source of revenue for museums struggling during, or in the wake of, mandated closures.

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Marketing Marketing Public Domain Moral Rights 111

SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Topical Highlight.

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Reporting Designs Design Copyright 116

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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Intellectual Property Artistic Work Designs Design 40