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.

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Ownership Intellectual Property Artwork Copyright Law 103

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. What is Intellectual Property?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP and Legal Filings

SEPTEMBER 17, 2021

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. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry.

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Designs Design Artistic Work Technology 69

IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. Conclusion Indian intellectual property laws and judiciary’s position on the trademark of celebrity catchphrases is a bit shaky.

Copyright Law 59

Copyright Law Branding Brands Branding 59

IP and Legal Filings

OCTOBER 11, 2022

The personality of a person is the medium through which he or she is identified and recognized in society and protecting their personality is a way of shielding their private property which is in the form of intellectual property. Original literary, dramatic, musical, and artistic works; 2. Sound recordings.

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Personality Rights Artistic Work Trademark Copyright 52

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Intellectual Property and Metaverse. Trademark Infringement.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP and Legal Filings

MAY 8, 2024

With the plaintiffs, masters of the venerable ‘Blenders Pride’ and ‘Imperial Blue’, standing firm against the defendants’ offering of ‘London Pride’, the legal arena becomes a crucible for discerning the veracity of claims and safeguarding the sanctity of intellectual property rights.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IIPRD

JUNE 14, 2021

However, there lies an unfilled gap between the existence of such rights and their application in the real world which has led to the development of the omnipresent problem of copying an individual’s work rather than using one’s own craftsmanship. The fashion industry and Intellectual Property Regime in India.

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Intellectual Property Artistic Work Designs Design 40

IP and Legal Filings

JANUARY 31, 2023

Challenges in Metaverse The introduction of fashion in the metaverse highlights how important it is to consider intellectual property rights holistically. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law.

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Law Branding Brands Branding 82

LexBlog IP

MARCH 9, 2023

They must first determine whether the work is one “of artistic expression” and thus prima facie entitled to protection under the First Amendment. If it is, the Court will then ask whether the use of the trademark bears any artistic relevance to the underlying work. ” ( Hermès Int’l v.

Litigation 52

Litigation Artistic Work Branding Brands 52

The IP Law Blog

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. Ashutosh Gowarikar, 2016 SCC OnLine Bom 5207 [8] Zee Entertainment Enterprises Ltd.

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Cinema Copyright Blogging Registration 77

LexBlog IP

AUGUST 1, 2023

Supreme Court in June issued a decision involving trademark law. Jack Daniel’s brought trademark infringement claims against VIP Products, a company that produces a “Bad Spaniels” line of dog toys. The Court reasoned that the toys themselves were products, rather than artistic works.

Fair Use 40

Fair Use Artistic Work Trademark Trademark Law 40

Intellectual Property Law Blog

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” 1125(c)(3)(A). . __ (2023) (No. at 28-33.

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Fair Use Trademark Cease and Desist Designs 130

Selvam & Selvam Blog

AUGUST 22, 2021

The issue arose, when Plaintiff framed a separate prayer for relief in infringement and a distinct prayer for relief in passing off, when in essence he only sought one thing i.e. an injunction against the defendant from using the impugned mark, label or artistic work.

Trademark 52

Trademark Artistic Work Trademark Law Law 52

LexBlog IP

JANUARY 19, 2023

In the lower court, the Second Circuit reversed the decision of the District Court and held that the Warhol work was not transformative because it maintained the “essential elements of its source material” and was not “fundamentally different and new.” Next, we have Abitron Austria GmbH v. Hetronic International.

Copyright 52

Copyright Trademark Fair Use Contracts 52

LexBlog IP

JUNE 20, 2023

The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. We hold only that it is not ap­propriate when the accused infringer has used a trademark to designate the source of its own goods—in other words, has used a trademark as a trademark.

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Trademark Designs Design Fair Use 40

LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

10] The Supreme Court declined to answer the question and noted “[w]ithout deciding whether Rogers has merit in other contexts, we hold that it does not when an alleged infringer uses a trademark in the way the Lanham Act more cares about: as a designation of source for the infringer’s own goods.” at 5-7, 90-91. [6]

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Authors often draw on these shared associations in their literary works, sending beloved fictional characters to real colleges, serving them familiar cereals, and outfitting them in well-known clothing labels.

Fair Use 52

Fair Use Intellectual Property Law Trademark Law Trademark 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.

Artistic Work 52

Artistic Work Trademark Designs Design 52

LexBlog IP

FEBRUARY 1, 2023

” This appeal presents a conflict between Rogers’ right to protect her celebrated name and the right of others to express themselves freely in their own artistic work. Rogers , 875 F.2d 2d at 996] The Rogers court held, at least as to the dancer’s Lanham Act claim, that the defendant was entitled to summary judgment.

Trademark 52

Trademark Intellectual Property Branding Brands 52

LexBlog IP

MARCH 24, 2023

and Jack Daniel’s Properties Inc. require the Court to consider exactly how far trademark law can go in regulating conduct in the face of competing public policy interests. The Line Between Artistic and Commercial: Jack Daniel’s Properties Inc. Both Abitron Austria GmbH et. Hetronic Int’l, Inc.

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. 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.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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Trademark Blogging Trademark Law Fair Use 99