The IP Law Blog

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. Of course, Hetronic disagrees and contends that trademark law under the Lanham Act extends beyond U.S.

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Copyright Trademark Fair Use Contracts 97

LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The law gives copyright owners a monopoly to exploit and monetize creative works. Trademark law has something to say about use. This hasn’t stopped Disney.

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Public Domain Intellectual Property Copyright Trademark 52

Kashishipr

AUGUST 25, 2021

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

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Editing Law IP Designs 105

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 71

IIPRD

OCTOBER 28, 2023

ii] American media personality Paris Hilton used her now trademarked catchphrase “That’s Hot” in reality TV show The Simple Life routinely. She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” for using her trademarked phrase in their cards, thereby infringing on her rights.

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Copyright Law Branding Brands Branding 59

LexBlog IP

JANUARY 19, 2023

It’s always good to start off the year with an overview of trademark and copyright cases to watch. ” This will be the first time since 1994 that the Supreme Court has addressed fair use in the context of an artistic work. The case will determine the proper balance between trademark rights and free speech.

Copyright 52

Copyright Trademark Fair Use Contracts 52

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 84

IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. 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.

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Personality Rights Artistic Work Trademark Copyright 52

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

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.

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Fair Use Trademark Cease and Desist Designs 130

IIPRD

OCTOBER 17, 2022

Many big companies are getting ready to enter the world of Metaverse, for example, Nike for the purpose of selling virtual footwear and apparel in the virtual world of metaverse filed many trademark applications with the U.S These trademark applications consist of Nike’s logo “just do it” and air Jordan designs. Later it was settled.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

Selvam & Selvam Blog

AUGUST 22, 2021

In the instant case, the Bombay High Court called out the practice of seeking separate reliefs of an injunction for passing off and infringement when pleadings were presented in respect of matters of trademark infringement. P Sulochana Bai to note how the Trademark law does not create any new rights per se.

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Trademark Artistic Work Trademark Law Law 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

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Litigation Artistic Work Branding Brands 52

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 79

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.

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Fair Use Artistic Work Trademark Trademark Law 40

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

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

LexBlog IP

JUNE 20, 2023

On June 8, 2023, the Supreme Court unanimously decided the trademark parody case captioned Jack Daniel’s Properties, Inc. The Court made plain that using a senior user’s trademark as a trademark in a parody does not implicate First Amendment concerns. S. _ (2023) (hereinafter “Slip Op.”).

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Trademark Designs Design Fair Use 40

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. Jack Daniels asserts that the Bad Spaniels toy infringes on its trademark and dilutes its brand. Trademarks are a cornerstone of our shared cultural vernacular. Constitution’s First Amendment.

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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.

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Artistic Work Trademark Designs Design 52

LexBlog IP

FEBRUARY 1, 2023

Jack Daniel’s argued that the toy infringed on their trademark, as the shape of the whiskey [bottle] is closely associated with their brand. ” 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.

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Trademark Intellectual Property Branding Brands 52

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. 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.

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Trademark Law Trademark Law 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.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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Trademark Blogging Trademark Law Fair Use 99