SpicyIP

DECEMBER 6, 2023

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. 52(1)(t) and ‘moral rights’ of the author in such work.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

Advertising 90

Advertising Advertising Social Media Blogging 90

43(B)log

FEBRUARY 19, 2022

This compromise explains an otherwise surprising feature of the cases: Political speakers and religious speakers can often expect worse outcomes than “commercial” publishers engaged in noncommercial speech, given the kinds of cases brought against them. What do we do with that? What to do next?

Trademark Law 72

Trademark Law Trademark Art Branding 72

SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. Please drop a comment and let us know. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.” In addition, in the Ninth Circuit, the doctrines of nominative fair use (discussed in Toyota v.

Trademark 99

Trademark Blogging Trademark Law Fair Use 99

SpicyIP

OCTOBER 1, 2023

Before bestowal, courts need to think, in appropriate cases, of rights of third parties, fair use covering mime, research/educational advancement, criticism and the like. A postcard can be taken either as a literary work or an artistic work under sections 2(c) and 2(o) respectively of the Copyright Act, 1957.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

43(B)log

OCTOBER 4, 2021

They worked together for many years but Covid disrupted the relationship as PTRA decided to move the Rose Bowl to a state that wasn’t as worried about Covid. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94