Biswajit Sarkar Copyright Blog

OCTOBER 9, 2023

Undoubtedly, the OTT broadcasting market is one of the world’s largest media markets. Presently, many OTT platforms are taking up the creation of exclusive content to be streamed through their platforms. Conclusion Presently, the frontiers of Intellectual Property Rights have been pushed to previously unimaginable limits.

Cease and Desist 85

Cease and Desist Licensing Intellectual Property Copyright 85

Technology & Marketing Law Blog

AUGUST 2, 2023

A new breed of artists is using generative artificial intelligence tools like DALL·E, Midjourney, Firefly, and ChatGPT to create artistic works. Do these creations belong to the artists or the public domain? Do creators who use generative AI maintain copyright in their creations? By guest blogger Prof. Oscar Wilde No.

Artwork 95

Artwork Blogging Art Copyright 95

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

Section 52 of the Copyright Act, 1957, enumerates specific acts or works that are not deemed infringements of copyright, including fair dealing with a literary, dramatic, musical, artistic work, or work that is not a computer programme. Effect on the Market Value. Code, section 107.

Fair Use 52

Fair Use Copyright Law Copyright Law 52

IIPRD

MARCH 4, 2024

It creates an impact in the market, like at the time of collaboration or merger with foreign companies. It is basically giving a right to the original creator, so that no one uses that work. This is basically for literary and artistic work. There is a Copyright Act, 1957 which deals with copyright in India.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. Copyright- copyright protection is given to the works of authorship. It must only include music, literary works like art, and much more.

Ownership 69

Ownership Copyright Trademark Contracts 69

Selvam & Selvam Blog

APRIL 1, 2022

Cipla contended that Sun Pharma: Indulged in colourable imitation and substantial reproduction of the mark “Respule” by replicating the artistic trade dress, packaging and label which amounts to copyright infringement in the Artistic Works. It is clearly intended to ride on the goodwill and reputation of the plaintiff”.

Intellectual Property 40

Intellectual Property IP Copyright Infringement Artistic Work 40

Kashishipr

MARCH 16, 2022

Trademarks (referred to as logos and brand names in a layman’s language) are the source identifiers intended to safeguard the general public from getting confused about the origin of products and services available in the market.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

Kashishipr

JULY 14, 2021

Copyright Law protects works underlying original works of authorship, which are fixed in a tangible medium, and therefore, may include literary, dramatic, musical, and artistic works. An example of this is the meat substitute market, which is witnessing explosive growth in recent years. Copyright and Recipes.

Intellectual Property 105

Intellectual Property Copyright IP Artistic Work 105

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. Image Source: gettyimage]. INTELLECTUAL PROPERTY KIN OF E-COMMERCE.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. It will also lower marketing costs and strengthen brand identity as brand distinctiveness and identification will be essential in the virtual reality of Metaverse.

Law 82

Law Branding Brands Branding 82

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living.

Marketing 111

Marketing Marketing Copyright Copyright Law 111

43(B)log

AUGUST 22, 2022

Not all marketing of artistic works is noncommercial speech. Citing Dastar and Rogers ; noting in a footnote that Dastar suggested that Lanham Act false advertising claims might sometimes govern statements about artistic provenance without raising any First Amendment concern.]

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore.

Trademark 52

Trademark Intellectual Property Branding Brands 52

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. A trademark means the identifiable phrase, symbol, and the word that stands for the specific product that has capacity to legally distinguish itself from other products present in the marketplace of like appearance. Trademark Infringement.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

LexBlog IP

FEBRUARY 28, 2022

Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. Only when the economic rights arising out of copyright protected musical works are exploited by someone other than the owner of the work or someone not sanctioned by him, it leads to copyright infringement.

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947.

Art 52

Art IP Intellectual Property Copyright 52

Technology & Marketing Law Blog

AUGUST 3, 2021

One possible challenge this statute presents is that the legislature is unduly tinkering with the discovery rules, which are the province of the courts. The post An Initial Look at Washington’s New Anti-SLAPP Statute appeared first on Technology & Marketing Law Blog.

Law 144

Law Litigation Government Advertising 144

Art Law Journal

APRIL 27, 2022

Compiling a professional digital art portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence. What does your creative work stand for?

Art 52

Art Artwork Social Media Marketing 52

Art Law Journal

APRIL 27, 2022

Compiling a professional digital portfolio of your work is a vital part of marketing yourself as a creative and landing jobs for artists. While having a physical portfolio is still something some artists and creators want and need, here we will focus on your digital presence. What does your creative work stand for?

Artwork 52

Artwork Art Social Media Marketing 52

SpicyIP

MARCH 11, 2024

The Court also took note of the defendant’s applications for identical trademark and artistic work, despite the plaintiff’s prior registrations for lack of bona fides. Dr Reddy S Laboratories Limited vs Neutec Healthcare Pvt. United Biotech Pvt.

Trademark 59

Trademark Registration Copyright Patent 59

IPilogue

MARCH 1, 2022

” K: “What I would like to see is institutions and companies actively reaching out to people to clarify consent before reposting artists’ work[s] in their feed , especially seeing as corporate representatives may not even know if the artist wants to be associated with their brand or company.

Social Media 106

Social Media IP Business Branding 106

Corsearch

SEPTEMBER 28, 2023

Copyright Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

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 Lemley: Hard to separate artists from art. We don’t want it to be based on intent—McDonald’s can intend art.

Trademark Law 72

Trademark Law Trademark Art Branding 72

LexBlog IP

JUNE 20, 2023

As we previously blogged, the issues presented in the care were: Whether humorous use of another’s trademark as one’s own on a commercial product is subject to the Lanham Act’s traditional likelihood-of-confusion analysis, or instead receives heightened First Amendment protection from trademark infringement claims.

Trademark 40

Trademark Designs Design Fair Use 40

Technology & Marketing Law Blog

JUNE 20, 2023

Addressing Factor 4, it asserted there was little or no market harm, because “time-shifting merely enables a viewer to see … a work which he had been invited to witness in its entirety free of charge.” ( Id. This is the familiar four-factor test for fair use. at 450) (Skipping commercials was not yet feasible, id.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

IP and Legal Filings

MARCH 1, 2023

[i] The very first accords to recognise why IPRs are important were the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). iii] The value of IP will rise as a result of commercialization when it is evaluated for marketing purposes.

Intellectual Property 66

Intellectual Property IP Government Invention 66

SpicyIP

FEBRUARY 12, 2024

Case Summaries Gujarat Cooperative Milk Marketing v. Two options were presented by the court : issuing a Letters Rogatory through the government of India or directing Google Ireland to seek orders from Irish Courts. But how does this finding interact with the position of relevant laws in India? M/S Zari Silk (India) Pvt.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

IP and Legal Filings

APRIL 24, 2023

The sellers must satisfy the customer’s aesthetic senses in addition to their reputation for dependability and honesty in the market for them to appease the buyer, sellers are now more than ever compelled to package and market their items in a way that appeals to consumers and that consumers can relate to.

Designs 69

Designs Design Registration Law 69

The IPKat

FEBRUARY 3, 2023

This issue is often discussed in connection to section 9(3) of the Copyright Design and Patents Act (UK) , (CDPA) which provides that in the case of an artistic work which is computer-generated, the author shall be taken to be the person by whom the arrangements necessary for the creation of the work are undertaken.

Litigation 143

Litigation Copying Copyright Designs 143

SpicyIP

NOVEMBER 19, 2023

vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Corsearch

FEBRUARY 29, 2024

Copyright infringement Copyright protection extends to creators and authors of literary, visual, and multimedia creations, encompassing books, films, music, photographs, video games, and artistic works. Copyright infringement refers to the unauthorized utilization of safeguarded creative works.

Branding 59

Branding Brands Branding Intellectual Property 59

Art Law Journal

JUNE 16, 2022

Even worse, from the $25, Jill can deduct a portion of her business expenses, such as web hosting fees, marketing expenses, rent, and more. The copyright holder is not required to present proof of damages or profits; However, the court will consider it or other evidence in determining where along the $750-$30,000 range damages should fall.

Copyright Infringement 52

Copyright Infringement Artwork Copyright Registration 52

Kluwer Copyright Blog

NOVEMBER 20, 2022

Lame comparisons apart, this story is interesting as it is an opportunity to discuss the protectability of artistic works under Italian laws.

Artwork 56

Artwork Public Domain Art Copyright 56

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

But as more players enter the market and obtain patent protection for their innovations, IP disputes among competitors are heating up. A number of policies are gaining support within the United States and internationally, encouraging a shift away from fossil fuels propelling the growth of the EV industry (the largest market for batteries).

Intellectual Property 52

Intellectual Property Technology Journalism IP 52