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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 90
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WaterRower: Has the UK’s approach to ‘artistic works’ in copyright changed?

Kluwer Copyright Blog

Even though it’s only an interim decision, it is interesting and well worth a read for any copyright lawyer because Deputy High Court Judge David Stone provides an in-depth analysis of the UK copyright position on artistic works. A work of artistic craftsmanship is a sub-category of an artistic work.

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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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Industrial Design under The Design Act, 2000

IP and Legal Filings

The Designs Act, 2000 (“the Act”), is a complete code in itself and protection under it is totally statutory in nature. It protects the visual design of objects that are not purely utilitarian. Designs are registered in different classes as per the Locarno Agreement. These classes are mainly function oriented.

Designs 72
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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. What could this mean for UK and Canadian copyright law? Deputy High Court Judge Stone rejected a motion by the defendants, Liking Ltd.

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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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