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.” Each of these cases could significantly impact IP law. There, U.S.-based

Copyright 97

Copyright Trademark Fair Use Contracts 97

IP and Legal Filings

SEPTEMBER 17, 2021

Under the copyright act in India, an artist may protect an “original artistic work” if it is expressed in a tangible medium for over 60 years. However, it is pertinent to note that if an artistic work is already protected under the designs act, it cannot be protected under the copyright act.

Designs 69

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. are generally not protected by copyright law. vi] Commercial IP Suit (L) No. In Reebok India v. 541 of 2019. vii] 427 F.2d

Copyright Law 59

Copyright Law Branding Brands Branding 59

IP and Legal Filings

OCTOBER 11, 2022

The Copyright law thus in this case brings into play the word “performer”; Section 2(qq) of the said Act through an inclusive definition and illustrates a list of people who can be contemplated under the tag of the performer. Original literary, dramatic, musical, and artistic works; 2. Cinematographic films; 3.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IIPRD

OCTOBER 17, 2022

The first and the foremost question which crosses our minds is that does the digital assets in the virtual reality fall under the category of “Goods” under trademark law, and who should be held liable for infringement when the infringer is unknown. This right is given to literary and artistic work like music, etc.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Kashishipr

AUGUST 17, 2022

Without any doubt, it is exceedingly imperative for them to understand their Intellectual Property (IP) assets and safeguard them in the best possible manner. Registered IP is more legit and liable; say, if the content is IP protected – social media users usually find it more reliable and authentic and are likely to revisit it.

Social Media 52

Social Media Intellectual Property Registration Branding 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. 1] Bharat Vasani & Jasmine Latkar, What’s in a Name?, Mondaq (Dec.

Cinema 77

Cinema Copyright Blogging Registration 77

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.” Each of these cases could significantly impact IP law.

Copyright 52

Copyright Trademark Fair Use Contracts 52

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

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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

IP and Legal Filings

MAY 8, 2024

Respondent It submitted it is the proprietor of London Pride and is a registered copyright owner of the artistic work London Pride and all other intellectual properties connected therewith. Facebook Twitter LinkedIn WhatsApp The post Trademark Tussle: Blenders Pride vs. London Pride – A Legal Saga Unraveled first appeared on IPLF.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IIPRD

JUNE 14, 2021

The article attempts to conclude that the fashion business is an IP-intensive industry, constantly producing and industrially misusing inventive thoughts and advancement. Copyright vests in original, literary, dramatic, musical, and artistic works, and when such an idea is converted into a concept, it becomes copyrightable.

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

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

LexBlog IP

JUNE 20, 2023

§ 1125(c)(3)(C), thus barring as a matter of law a claim of dilution by tarnishment under the Trademark Dilution Revision Act (“TDRA”). The trademark law provides that the “noncommercial” use of a mark cannot count as dilution. §1125(c)(3)(C). The dilution issue is more simply addressed.

Trademark 40

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

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

MARCH 24, 2023

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. and Jack Daniel’s Properties Inc. 280, 287 (1952).

Trademark Law 52

Trademark Law Trademark Law Artistic Work 52

LexBlog IP

FEBRUARY 1, 2023

(Again, what follows is from my head and hand because my request to ChatGPT to summarize holding and analysis of Rogers got the e-equivalent of a sheepish attempt to “pass” on the question from the visiting law prof ). ’” The Supreme Court used the First Amendment to preclude state law claims against the magazine).

Trademark 52

Trademark Intellectual Property Branding Brands 52

43(B)log

OCTOBER 4, 2021

This change in the ease of getting relief interacts with the substantive scope of TM law in ways that may prove challenging. 26, 2021) Wakefern, the largest retailer-owned supermarket coop in the US, sued Marchese for attempting “to lease commercial real estate in violation of the Lanham Act … and New Jersey common law.”

IP 94

IP Trademark Advertising Advertising 94