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Protecting Fashion or Stifling Innovation

IIPRD

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] This is evidenced by the numerous Geographical Indication tags endowed on various textiles and hand-looms throughout the country by the government. [2] Tahiliani Design Pvt.

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Amici Urge SCOTUS to Reverse Overly Broad Definition of ‘Expressive Work’ in Jack Daniel’s v. VIP Products

IP Watchdog

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test. The petition filed by Jack Daniel’s appealed the U.S.

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€5.3m Pirate IPTV Network ‘Dismantled’ By Spanish Police is Still Streaming

TorrentFreak

Based on a complaint filed by the Alliance for Creativity and Entertainment, in November 2022 an investigation was launched to identify those responsible for two websites that marketed a service that allegedly violated the rights of ACE members. Which 16 websites the Spanish government is referring to as blocked is unclear.

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11th Circuit affirms Viacom's Rogers-based win for MTV Floribama Shore

43(B)log

Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” New Life Art, Inc., 3d 1266 (11th Cir.

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Canada Extends Copyright Term to Life of Author Plus 70 Years, Leaving Many Concerned

IPilogue

On June 23 rd , 2022, the Parliament of Canada passed legislation to extend the term of copyright protection in literary, dramatic, musical and artistic works from life of author plus 50 years to 70 years. Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School.

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Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”

Michael Geist

The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music. Given its role and reputation, when it engages in public policy, government should pay attention.

Music 99
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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

Though the verdict throws much light on the limits of artistic freedom and can provide more guidance for the brand owners and artists on the line between commercial goods and artistic works, I concisely put out three important considerations that could have been given much more deliberation.