IIPRD

APRIL 3, 2024

1] The fashion industry in India is extremely diverse in the type of fabric, labour, design, way of draping, and handwork that is used. Protection of Fashion: IPR Indian fashion houses have begun to toe the line of Western fashion houses by registering their designs and fashion works as IPR. [4] Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” 2D designs and texts on a product or packaging may be protected as written, pictorial, photographic, and graphic works, or even works of fine art, depending on the nature of the design elements.

Designs 52

Designs Design Copyright Artistic Work 52

Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] If another’s mark is used within the title or content of an expressive work, the Rogers test prevents a finding of infringement under 15 U.S.C.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

IP and Legal Filings

SEPTEMBER 17, 2021

Fashion designers and artists showcase their creative genius through conceptual fashion shows and apparel collections. Since fashion designers, textile manufactures, apparel companies and artists produce creations of the human intellect, Intellectual Property Rights play a significant role in the fashion industry.

Designs 71

Designs Design Artistic Work Technology 71

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. Even in other jurisdictions, design rights last only for a limited term and cannot be renewed.

Editing 105

Editing Law IP Designs 105

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

Artistic Work 52

Artistic Work Designs Design Trademark 52

Intepat

MAY 28, 2024

It includes creations of mind, such as inventions, literary and artistic works, designs, symbols, and names used in commerce. It is the competitive intensity, the existing standards and any prior works/ forms of the existing work (prior art) that shape IP strategy.

Intellectual Property Management 52

Intellectual Property Management Intellectual Property IP Licensing 52

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. A trademark applicant may be a natural or juridical person. For example, U.S.

Trademark 87

Trademark Intellectual Property Registration IP 87

LexBlog IP

FEBRUARY 26, 2024

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

IP Designs Design Copying 52

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

JUNE 8, 2023

that the right to free expression does not excuse “trademark law’s cardinal sin”—use of another’s trademark “as a trademark.” VIP Products, Inc. 2” where JACK DANIEL’S and “Old No. 7” would appear. .” 2” where JACK DANIEL’S and “Old No.

Artistic Work 52

Artistic Work Trademark Designs Design 52

Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Trademark rights can be even more confusing to navigate in the world of NFTs. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. 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. Concluding Remarks.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

IIPRD

SEPTEMBER 17, 2021

While copyright protects the originality of the expression behind the product, design preserves the overall appearance and aesthetic look of the product. A trademark, on the other hand, exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. COPYRIGHT OR DESIGN.

Editing 52

Editing IP Artistic Work Designs 52

IP and Legal Filings

MAY 24, 2024

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

Non-Fungible Tokens 79

Non-Fungible Tokens Trademark Art Branding 79

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. 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.” As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

Biswajit Sarkar Copyright Blog

NOVEMBER 25, 2021

Computer-aided design (CAD) files are the most common type of digital file. 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.

Intellectual Property 52

Intellectual Property Designs Design Artistic Work 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 84

Law Branding Brands Branding 84

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. PART 2: of the blog gives a detail about Copyrights, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Plant Variety Protection and Trade Secrets. INDUSTRIAL DESIGNS.

Intellectual Property 52

Intellectual Property Moral Rights Designs Design 52

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.

Branding 59

Branding Brands Branding Intellectual Property 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Trademarks.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

MARCH 24, 2023

The Supreme Court heard oral argument this week in not one, but two trademark cases with huge implications on commercial activity in the U.S. require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. and abroad. Both Abitron Austria GmbH et.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

Corsearch

FEBRUARY 29, 2024

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademark infringement A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

Branding 59

Branding Brands Branding Intellectual Property 59

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. What are the rights in Intellectual Property?

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? Fonts and Typefaces: Are they Copyrightable?

Reporting 116

Reporting Designs Design Copyright 116

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. 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.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

LexBlog IP

MARCH 27, 2023

2,” and generally mimics the black and white design of the label and the square shape of the bottle: Previous decisions in the case have held that the design is a clear parody and therefore does not infringe the Jack Daniel’s trademark and/or trade dress rights. 7” with “Bad Spaniels The Old No.

Artistic Work 52

Artistic Work Designs Design Trademark 52

IIPRD

JUNE 14, 2021

Piracy and Fashion Design. Piracy may be defined as the unauthorized and illegal reproduction or distribution of materials protected by copyright, patent, or trademark law which is capable of eating up the whole industry slowly and steadily. Protection under the Designs Act, 2000. That is their main asset, their main product.”

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

SpicyIP

MAY 6, 2024

The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. The appellant argues that doing so would effectively cease their business after four decades of trademark use.

Trademark 59

Trademark Invention Licensing Patent 59

SpicyIP

SEPTEMBER 20, 2021

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. The Calcutta High Court in Sri Parvathy Saltern Private Ltd. September 13, 2021]. Ishvi Food Private Ltd.

Artistic Work 87

Artistic Work Intellectual Property Law Journalism Intellectual Property 87

IP and Legal Filings

SEPTEMBER 30, 2022

Artists are using virtual reality and augmented reality to create previously unimagined artworks. These artists’ works are undeniably unique and would be entitled to appropriate IP protection. Consequently, trademark infringement is becoming a concern in this new world. NIKE’S CONTENTION: i. THE IMPLICATIONS OF THE CASE.

Trademark 52

Trademark Ownership Branding Brands 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. Rothschild asserted that, due to the artistic nature of his NFTs, all of Hermès’ claims were barred by the First Amendment. Grimaldi , 875 F.2d

Litigation 52

Litigation Artistic Work Branding Brands 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103