Selvam & Selvam Blog

DECEMBER 14, 2022

who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff’s registered mark M-SEAL. The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., Pidilite Industries Limited Vs Riya Chemy – [link].

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LexBlog IP

FEBRUARY 26, 2024

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. Unfair competition may protect your fashion items against copying in two scenarios.

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IP Designs Design Copying 52

IP and Legal Filings

SEPTEMBER 17, 2021

For the same reason, several famous designers in India such as Anju Modi, Rohit Bal, Anita Dongre, and Masaba Gupta have legally protected their designs to avoid the creation of counterfeit apparel, copies, or knock-offs of their designs by unauthorized parties. The importance of trademarks in the fashion industry.

Designs 69

Designs Design Artistic Work Technology 69

IPilogue

DECEMBER 9, 2021

The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. Artistic Work. Copyrighting a Meme. Originality.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. Trademarking a Blog. Copyright and Blogs. is being utilized?

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Intellectual Property Blogging Fair Use Registration 98

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? The author decided to search the Canadian Trademark Database for information on what had been registered under the mark "Ogopogo". Unfortunately, while CIPO’s database records registration, it has no copy of what was registered.

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Copyright Artwork Due Diligence Publishing 127

IP and Legal Filings

AUGUST 28, 2023

Image Sources : Shutter stock] On a superficial note, the fluid trade marks keep the consumers engaged and provide a whole new look to their trademark to stay relevant with time and advancement.

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Branding Brands Branding Trademark 81

Kashishipr

AUGUST 17, 2022

Therefore, content creators and social media influencers must understand that their unique and creative content is easily accessible to millions of social media users and can be easily copied. Trademarks – A trademark helps identify, indicate, classify, and differentiate the source of products or services of one from those of others.

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Social Media Intellectual Property Registration Branding 52

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

JULY 20, 2022

The NFT may be encoded in one of two ways: either by the creation of an alpha-numeric signature , or ‘hash’, by passing the underlying work through an algorithm or by including an URL that contains the underlying work. The reproduction right includes the right to prevent the copying of the underlying work in any manner.

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Copyright Copying Non-Fungible Tokens Copyright Law 133

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring. This part is not persuasive.

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Artistic Work Social Media Television Trademark 59

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

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Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

JUNE 12, 2023

This issue was cleared in Civic Chandran case wherein the Court held that ‘the purpose of reproduction of artistic work i.e., counter drama was not misappropriation, to produce a play similar to the original. Parody is often taken as a defence in trademark infringement suits. and will it amount to trademark infringement?

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Copyright Law Copyright Law Copyright Infringement 81

LexBlog IP

FEBRUARY 29, 2024

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. The law gives copyright owners a monopoly to exploit and monetize creative works. But not so fast.

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Public Domain Intellectual Property Copyright Trademark 52

Intepat

APRIL 18, 2022

Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs. As the name suggests, copyright means the right to copy.

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Copyright Public Domain Registration Ownership 98

Art Law Journal

JUNE 30, 2022

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. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Although, it could receive trademark protection.).

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Intellectual Property IP Invention Designs 52

IPilogue

JANUARY 17, 2022

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. The previously copyrighted works enter the public domain, free to use and copy. where the work was still protected by copyright. Milne’s original 1926 works are freely available.

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Public Domain Intellectual Property Copyright Social Media 106

IIPRD

SEPTEMBER 29, 2022

Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it.

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Copyright Intellectual Property Copying Music 52

IP and Legal Filings

NOVEMBER 15, 2021

Some of the most common types of IP infringements that occur in cyberspace include trademark, domain name, and copyright infringement. Article 2 of the Berne convention defines “literary and artistic works” and other works in the literary, scientific, or artistic domain as copyrightable works.

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Copyright Infringement Business Copyright Trademark 70

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

A diagram, map, chart, or plan, an engraving, photograph, a work of architecture, or any other work of creative workmanship is defined as an artistic work under Section 2(c) of the Copyright Act. The widespread availability of low-cost 3D printers will make it easier for anyone to copy even patented products.

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Intellectual Property Designs Design Artistic Work 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

Corsearch

SEPTEMBER 28, 2023

You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

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Branding Brands Branding Intellectual Property 59

Kashishipr

AUGUST 31, 2022

Such creations may include literary and artistic works, designs, names, inventions, etc. Copyright’s relationship to IP is that it is just another form of IP, like trademarks, patents, and industrial designs. Do you think about the fight between musicians concerning stolen or copied song lyrics?

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Moral Rights Copyright Intellectual Property Licensing 52

Selvam & Selvam Blog

APRIL 1, 2022

Accordingly, Cipla Ltd brought in an action for Trademark infringement, copyright infringement and passing off. In the instant case, Cipla Ltd filed a suit seeking a permanent injunction against Sun Pharma for infringing the trademark “Respule”. Background. Cipla’s Contentions . Observations of the Court.

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Intellectual Property IP Copyright Infringement Artistic Work 40

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Intellectual Property Invention Artistic Work Copyright 56

Kluwer Copyright Blog

OCTOBER 30, 2023

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

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Copyright Copying Branding Brands 60

LexBlog IP

SEPTEMBER 27, 2021

Although the copyright protection afforded to this design is a thin one that will protect its owner from only “virtually identical” copying, such a right is still highly valuable to many companies in the furniture, housewares, and other industrial design spaces. Copyright law does not protect useful articles per se (i.e.,

Designs 52

Designs Design Copyright Artistic Work 52

IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. Piracy and Fashion Design. In another case, that is Castrol India Limited &Ors.

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Intellectual Property Artistic Work Designs Design 40

LexBlog IP

SEPTEMBER 15, 2022

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Tarantino , Case No. 2:21-cv-08979, U.S.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works. The blog is divided into two parts and this is part 2 of the blog.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

IP and Legal Filings

AUGUST 14, 2023

Person A makes a copy of the movie on his phone and shares it with his friends. Going back to the same example again, the first point of infringement would be where A illegally copied the film. From the perspective of other IPRs like Trademark, Patents, etc. The reason being a larger audience can watch the film for free.

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Copyright Infringement Law Copyright Intellectual Property 52

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. It is likely that tattoos would fall under the Copyright Act under section 5(1), which delineates artistic works as expressions through visual medium.

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Ownership Intellectual Property Artwork Copyright Law 103

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. S. _ (2023) (hereinafter “Slip Op.”).

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Trademark Designs Design Fair Use 40

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 The answers are yes, no, and sometimes, a list both comprehensive and dismaying. But there are several remaining problems. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Section 2(c) of the Copyright Act 1957 states that a copyright covers what is referred to as an artistic work, when interpreted in relation to the protection of jewellery through intellectual property, it may be deemed that the initial artistic sketch on which the design is based will be subject to copyright protection.

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Intellectual Property Artistic Work Designs Design 81

IIPRD

JANUARY 29, 2023

8] Line between Copying and Inspiration Recently, VTuber Pekora’s look-alike was seen in an animated series without any consent from the creator or the company. [9] 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.

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IP Artwork Contracts Intellectual Property 52