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Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

Introduction An artist’s ideas, be it for a renowned painting, sculpture, novel, technological design, jewelryor fashion are his own. They must not be used by anyone other than the artist himself. However, many a times, we witness these designs being copied or recreated. What Is Copyright?

Designs 91
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Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. Lord Millett set out the test in the context of the landmark decision in Designers Guild , concerning infringement of copyright in a fabric design.

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Hacking Fashion Week: IP Guide to Survival

LexBlog IP

Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later. In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk.

IP 52
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The WaterRower: A Work of Art “Oar” Not?

IPilogue

A decision dated August 5, 2022 from the United Kingdom’s High Court of Justice has the potential to expand the definition of “artistic works of craftmanship” under UK copyright law. Liking admitted to copying the eighth iteration of the WaterRower in creating its rival rowing machine, the TOPIOM Model 1.

Art 73
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Fashion Copyright and Infringement

IP and Legal Filings

Till now, this article has focused on the ambit of copyright protection in a relatively generic manner. However, it is also important to assess the position of copyright protection offered to fashion designers specifically and the scope of the same. Copyright Act or Design Act? creativity?

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

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. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright.

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Swedish court requests CJEU to clarify notion of ‘author’s own intellectual creation’ when assessing EU originality standard

The IPKat

The Respondent submitted that the Palais Royal dining table would not be protected by copyright since it is not sufficiently original. The design was largely attributable to functional and technical considerations and based on simple variations of previously known designs that are part of the general design repertoire.

Art 91