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.

Copyright 97

Copyright Trademark Fair Use Contracts 97

IP Watchdog

JANUARY 22, 2023

Court of Appeals for the Ninth Circuit’s March 2020 ruling that a “Bad Spaniels” dog toy marketed by VIP Products was an expressive work entitled to First Amendment protections against trademark infringement liability under the Rogers test.

Artistic Work 124

Artistic Work Branding Brands Branding 124

JD Supra Law

JUNE 21, 2022

A New York federal court has ruled that a non-fungible token (“NFT”) for a digital image similar to a Birkin handbag may be an “artistic” work for purposes of determining whether the NFT infringes the Birkin trademark and other IP rights.

Non-Fungible Tokens 117

Non-Fungible Tokens Artistic Work IP Patent 117

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. The dispute between the two arose concerning the use of packaging in their respective products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Garrigues Blog

APRIL 16, 2024

The way legal protection varies from country to country complicates things even further, forcing designers to maneuver through a complex web of legal protection that ranges from copyright to industrial designs, trademark law and unfair competition. Consequently, works applied to practical products were not protected under criminal law.

Art 59

Art Artistic Work Law Designs 59

IPilogue

MARCH 14, 2023

Rothschild engages novel issues of trademark infringement, trademark dilution, and cybersquatting (MetaBirkin.com domain name in this case) by artists in the metaverse. The key issue was whether the “MetaBirkin” was artistic expression under First Amendment protection, or a commercial product that causes consumer confusion.

Artistic Work 105

Artistic Work Art Intellectual Property Trademark 105

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?

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP Law 360

NOVEMBER 30, 2022

The MTV reality show "Floribama Shore" doesn't violate the trademark rights of a bar called Flora-Bama Lounge, the Eleventh Circuit has ruled in a precedential opinion, finding the show name to be entitled to protection as a title of an artistic work.

Artistic Work 75

Artistic Work Trademark 75

JD Supra Law

JUNE 13, 2023

2023), ruling that when an alleged infringer uses a mark as a trademark to designate the source of its own goods, the Rogers test providing First Amendment protection for titles of artistic works does not apply to shield the challenged use from liability for trademark infringement, nor do the noncommercial use and fair.

Artistic Work 52

Artistic Work Designs Design Trademark 52

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. Flora-Bama logo The Flora-Bama has been featured in artistic works by third parties. Yet both artists won.” Likewise, they submitted no evidence of confusion between any of those works and MTV’s show.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

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. Copyrighting vs Trademarking NFTs.

Non-Fungible Tokens 49

Non-Fungible Tokens Copyright Law Trademark Copyright 49

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

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

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. Trademarks and copyrights offer different protections.

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. has several registered trademarks depicting various creative images of Santa Claus.

IP 52

IP Artistic Work Intellectual Property Branding 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.

Ownership 71

Ownership Copyright Trademark Contracts 71

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.

Trademark 52

Trademark Artistic Work Trademark Law 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. What are the rights in Intellectual Property?

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. It is a form of IPR that is used to guard the hard work and efforts of the artist. Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry.

Designs 89

Designs Design Copyright Copyright Infringement 89

Selvam & Selvam Blog

DECEMBER 14, 2022

who had filed a trademark infringement suit against the defendant for using the mark R-SEAL, which was allegedly similar to the plaintiff’s registered mark M-SEAL. The Bombay High Court ruled in favour of the plaintiff, Pidilite Industries Ltd., Pidilite Industries Limited Vs Riya Chemy – [link].

Artistic Work 40

Artistic Work Copying Trademark Registration 40

The IP Law Blog

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

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.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

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.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 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.

Designs 71

Designs Design Artistic Work Technology 71

43(B)log

OCTOBER 25, 2021

The district court granted summary judgment on the resulting trademark claims, reasoning that plaintiffs’ likelihood of confusion showing was “not strong enough to meet the standard that applies to artistic works. Occasionally been used in the title to artistic works” is a red herring. This part is not persuasive.

Artistic Work 59

Artistic Work Social Media Television Trademark 59

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

Litigation 52

Litigation Artistic Work Branding Brands 52

IIPRD

FEBRUARY 6, 2024

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Copyright and trademark are the most important IP rights in this industry.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

IP and Legal Filings

AUGUST 28, 2023

Image Sources : Shutter stock] On a superficial note, the fluid trade marks keep the consumers engaged and provide a whole new look to their trademark to stay relevant with time and advancement. The degree of similarity to be considered in an infringement of a fluid mark can be understood through the case of Louis Vuitton Malletier Vs.

Branding 83

Branding Brands Branding Trademark 83

Kashishipr

AUGUST 25, 2021

Protection for Limited Edition Products under Trademark Law. The biggest challenge that arises when it comes to protecting a limited edition product as a trademark is showing continuous use of the trademark. Limited edition trademarks that comprise original artistic device elements may also enjoy protection under Copyright Law.

Editing 105

Editing Law IP Designs 105

IP and Legal Filings

JANUARY 31, 2023

The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law. Brands will need to re-evaluate their filing strategies and determine if the mark is given enough protection in the meta-environment, provided that usage in the metaverse does actually amount to use as a trademark.

Law 84

Law Branding Brands Branding 84

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

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.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Kashishipr

MARCH 16, 2022

In this article, we will be throwing light on the 03 most common forms of IP, including trademarks, copyright, and patents, along with the different and varying levels of protection that they offer. Trademarks. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

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IP Invention Intellectual Property Registering Trademarks 98

LexBlog IP

SEPTEMBER 13, 2022

Vans asserted that the WAVY BABY shoes infringed the company’s trademarks and trade dress. Vans claimed the shoes infringed the trademarks and trade dress of its OLD SKOOL skate shoe. MSCHF argues its shoes are such artistic expressions and must therefore be evaluated under the Rodgers test. MSCHF Product Studio, Inc.,

Artistic Work 52

Artistic Work Trademark Art Designs 52

LexBlog IP

FEBRUARY 29, 2024

The law gives copyright owners a monopoly to exploit and monetize creative works. Copyright protection is afforded to every original literary, dramatic, musical, or other artistic work, whether published or unpublished. Trademark law has something to say about use. Unlike copyrights, trademark rights do not expire.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

The IPKat

NOVEMBER 1, 2022

Perhaps the right involved was actually a trademark registration, and the journalist had got it wrong? The author decided to search the Canadian Trademark Database for information on what had been registered under the mark "Ogopogo". So, what was the work registered under Copyright #102327 on June 9, 1953.? We may never know.

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Copyright Artwork Due Diligence Publishing 127

LexBlog IP

JANUARY 18, 2024

IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Copyright Office explains, copyrights protect “original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” As the U.S.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52