Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 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

Kluwer Copyright Blog

OCTOBER 17, 2023

Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. ChatGPT , Smodin ), to perform music (i.e.,

Copyright 123

Copyright Art Copyright Law Licensing 123

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

LexBlog IP

JUNE 20, 2023

Whether humorous use of another’s mark as one’s own on a commercial product is “noncommercial” under 15 U.S.C. § § 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (“TDRA”). Though not entirely. §1125(c)(3)(C).

Trademark 40

Trademark Designs Design Fair Use 40

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. The Metaverse comprises various technologies, each with its own IPR implications. Author: PAVITRA PRIYADARSHAN , B.A. WhatsApp.

Trademark 52

Trademark Ownership Branding Brands 52

LexBlog IP

FEBRUARY 1, 2023

VIP Products, on the other hand, argued that their toy was protected under the doctrine of “fair use” as it was being used in a non-trademark sense, and that it was not likely to cause confusion among consumers. Rogers , 875 F.2d ” Id. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging.

IP 94

IP Trademark Advertising Advertising 94

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 key here is that when I say fraud, I do not mean fraudulent intent, but materially deceptive effect. The 9th Circuit in Bosley v.

Trademark Law 72

Trademark Law Trademark Art Branding 72