Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

PROTECTION AS COPYRIGHT OR DESIGNS To decide whether jewellery can be protected through copyright or design laws, it is necessary to understand the difference between the two. This signifies that it does not cover artistic work but rather the features of the product that make it more attractive to the consumer.

Intellectual Property 81

Intellectual Property Artistic Work Designs Design 81

IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Trademark Intellectual Property Branding Brands 52

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. What Does a Copyright Protect?

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Trademark Copyright Intellectual Property Intellectual Property Law 52

IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. Case Law on Copyright in India.

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Intellectual Property Invention Trademark Copying 98

IIPRD

APRIL 3, 2024

These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. It is here that the distinction between ‘design’ in the Designs Act and ‘artistic work’ in the Copyright Act becomes relevant. Infringement Of IPR – Design or Artistic Work?

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Artistic Work Designs Design Copyright 45

IP and Legal Filings

AUGUST 14, 2023

Introduction Private International Law governs the disputes between two individual parties rather than States. Unlike Public International Law that has a defined jurisdiction and law, Private International Law lacks in that area. Choice of Law is determining which country’s laws will govern the dispute.

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Copyright Infringement Law Copyright Intellectual Property 52

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. Copyright protection is extendable to any artistic work that is original and is creative.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

MARCH 9, 2022

The encouragement towards innovation is legalized under Intellectual copyrights patents and trademarks Rights are provided by the states around the globe. Unlike patents, trademark protection is held indefinitely. Copyright- copyright protection is given to the works of authorship. Is Copyright registration mandated in India?

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Ownership Copyright Trademark Contracts 69

IP and Legal Filings

SEPTEMBER 20, 2023

To counter this issue laws are placed so that the original ideas can be protected. If any person imitates the ideas of any other creator, he would said to be infringing the original artist’s design and the copyright thereof. A copyright protection is the ability of a designer to protect his original designs through the copyright laws.

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Designs Design Copyright Copyright Infringement 87

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. These registrations aid in allocating precedence.

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Cinema Copyright Blogging Registration 77

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

Intepat

APRIL 18, 2022

Intellectual property rights (IPR) offer protection and grant exclusive rights to the creator’s work. Copyrights are a form of IPR that offers protection to a wide range of artistic and literary works of a creator. It includes musical works, photographic works, artistic works, motion pictures, and computer programs.

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Copyright Public Domain Registration Ownership 98

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.”

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Artistic Work Television Trademark Trademark Law 64

SpicyIP

SEPTEMBER 20, 2021

Further details, including the link for registration, are provided in the post here. The deadline for registration for the webinar is September 20, 2021. The deadline for registration for the webinar is September 20, 2021. Further details, including the link for registration, are provided in the post here.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 87

IP and Legal Filings

OCTOBER 11, 2022

One such avenue to safeguard such rights is through the way of Copyright and Trademark. Indian legislation does not provide exclusive statutory protection under the head of Personality Rights, but separate aid can be entreated under Copyright Act, Trademark Act, Fundamental Rights, and through various judicial pronouncements.

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Personality Rights Artistic Work Trademark Copyright 52

IP and Legal Filings

APRIL 24, 2023

It is used to classify goods for the purposes of the registration of industrial designs which further helps in design searches. Given the enormous resources and time invested by producers and marketers in building customer recognition through the presentation and appearance of their goods, it is crucial that the same is protected under law.

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Designs Design Registration Law 69

Kashishipr

MAY 25, 2021

Copyright is a legal protection afforded to an original, creative literary, musical, or artistic work. The protection under copyright is instantaneous and immediate to the works being created, and therefore, it is not necessary to have such rights registered. The process of seeking registration can be cumbersome and tedious.

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Intellectual Property Blogging Fair Use Registration 98

Kashishipr

AUGUST 17, 2022

Additionally, while creating content, content creators and social media influencers must have adequate authorization and consent in place before using the creative works of others in any form, be it videos, photos, or text, on social media platforms to avoid infringing upon the IPRs of others. How to Ensure Compliance with IP?

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Social Media Intellectual Property Registration Branding 52

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.

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Designs Design Artistic Work Technology 69

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

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Trademark Registration Copyright Patent 59

Art Law Journal

JUNE 30, 2022

Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

LexBlog IP

MAY 18, 2022

8) computer software; and (9) other intellectual achievements conforming to the characteristics of the works.” ” China’s copyright law protects the expression of ideas instead of ideas themselves, which is similar to U.S. copyright law. .; (8) copyright law. Beijing Zhongrong Hengsheng Wood Industry Co.

Designs 52

Designs Design Copyright Artistic Work 52

IIPRD

SEPTEMBER 17, 2021

A trademark, on the other hand, exclusively identifies a product as belonging to a specific company and recognizes the company’s ownership of the brand. According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work.

Editing 52

Editing IP Artistic Work Designs 52

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! The appellant argues that doing so would effectively cease their business after four decades of trademark use.

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Trademark Invention Licensing Patent 59

IP and Legal Filings

JUNE 27, 2022

PART 1: of the blog discussed about history, development, fundamentals of IPR and explained Patents and Trademarks. In order to protect the same the laws should in tandem with the pace of technology. Broad classification of ‘works’ which are protected by copyright are-. Original literary, dramatic, musical, and artistic works.

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Intellectual Property Moral Rights Designs Design 52

Kashishipr

MARCH 16, 2022

People are aware of the term ‘Property,’ which relates to the regulations, rules, and laws of ‘Real Property’ or ‘Real Estate,’ i.e., land. Trademarks. When we talk about Trademark Protection , it can last forever, provided the trademark owner renews his Registered Trademark at appropriate levels.

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IP Invention Intellectual Property Registering Trademarks 98

Art Law Journal

JUNE 30, 2022

Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Fortunately, you don’t need to grasp all the complexities of Intellectual Property law to protect your creative work. Trademarks.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Corsearch

FEBRUARY 29, 2024

Intellectual property rights are defined as legal rights that protect the ownership of artistic, literary, and other creative works. Trademark infringement A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

Branding 59

Branding Brands Branding Intellectual Property 59

SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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Trademark Social Media Registering Trademarks Copyright 103

LexBlog IP

FEBRUARY 26, 2024

In general it is a good idea to register fashion products which have a reasonable expectation of commercial success as designs or, where possible, as shape-trademarks before they appear on the catwalk. Copycats: unregistered designs, unfair competition and copyright Better register first than be sorry later.

IP 52

IP Designs Design Copying 52

SpicyIP

AUGUST 2, 2021

Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. She discusses how this recommendation lacks nuance and showcases a myopic understanding of copyright law without consideration for the impact it would have on education and access.

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Reporting Designs Design Copyright 116

IP and Legal Filings

NOVEMBER 11, 2022

Once a work is created, in most cases, the creator will automatically enjoy copyright protection in all 164 member countries of the Berne Convention for the Protection of Literary and Artistic Works including all European Union countries and China. Voluntary registration for your copyright is available in China.

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Copyright Fair Use Registration Ownership 52

43(B)log

OCTOBER 4, 2021

Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

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IP Trademark Advertising Advertising 94

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

IP and Legal Filings

MARCH 29, 2022

At many points, because of poor enforcement of the law, the creator has to invest so much time and money to ensure protection which is one of the challenges India facts. Intellectual property law safeguards against the disclosure of trade secrets, which entails further safeguards against unfair competition.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Read Jyotpreet Kaur’s post to know more. Institute of Directors v. Inventprise Inc. vs The Controller of Patents & Anr.

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Registration Trademark Copyright Registering Trademarks 52