Copyright Law

Copyright and E-Commerce Law

Xclusive-Lee Responds to Gigi Hadid’s Fair Use Defence; Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”; Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji; Federal Court Holds Amazon Liable for Defective Third-Party Goods; Apple Music has Crossed 60 Million Subscribers; A&M Studio and OneLoop Collaborate to Expand Digital Music Distribution; Court Rules in Favor of Andy Warhol in a Copyright Infringement Lawsuit; Top Chinese E-Commerce Platform Shein Shuts Down Partially, and more.

“You can be in the photo, but that does not provide you with the right to apply it with out permission of the photographer.”

– Dr. Kalyan C. Kankanala, BananaIP Counsels



There is an boom of 9% in the total quantity of copyright packages filed for the month of June in comparison to the month of May. A overall of 1917 applications have been filed in the month of June, 2019. The majority of programs have been filed for literary works and creative works.


Xclusive-Lee Responds to Gigi Hadid’s Fair Use Defence

Following the previous week’s information wherein supermodel Gigi Hadid become sued for copyright infringement via picture employer, Xclusive–Lee, the latter’s legal professional has refuted the argument of Hadid’s attorney claiming fair use as defence. They argued that there must be a few important use or trade to the authentic paintings to qualify as transformative work underneath fair use. But the photo published by using Gigi Hadid is “slightly cropped” and appears exactly similar to that of the original one. Xclusive-Lee has put forth that Hadid attempted to pass the license fee for the paintings and has taken it immediately from social media. The maximum arguable argument supplied was against the defence of ‘implied license’ to which Xclusive-Lee stated that Hadid lives in her personal imaginary global.

Swiss Supreme Court Finally Approves Registration of the Sign “APPLE”

After the consistent refusal with the aid of the Federal Institute of Intellectual Property (IGE) to register the mark “APPLE” for items beneath Classes 14 (valuable metals, jewellery) and 28 (toys, video games), Apple Inc. Lodged an appeal before the Swiss Federal Administrative Court. The Court partly upheld the attraction and requested IGE to register the trademark under class 14, as it’s far able to functioning as a badge of foundation but denied it below class 28 pronouncing that the APPLE mark is descriptive of as a minimum some of the goods included via the widely wide-spread term. Apple Inc. Appealed towards the decision to the Federal Supreme Court at the given matter claiming that the lower court based totally its choice on an wrong knowledge of the mark. Apple Inc. Stated in its argument that when customers noticed the mark “APPLE” they do no longer make any translation as it manner not anything in languages spoken in Switzerland but do connect it to the organisation. The Federal Supreme Court ultimately authorised registration of the signal under both the classes.

Xiaomi Introduces Mimoji Similar to that of Apple’s Memoji

Chinese digital business enterprise, Xiaomi’s contemporary CC9 phones contain the equal augmented truth crafted human avatar Mimoji’s which are uncannily much like that of Apple’s Memoji. The CC range of telephones had been launched via Xiaomi, after its latest acquisition of the selfie tech organization Meitu’s hardware assets. The artwork fashion utilized in making Mimoji is lots like Apple’s Memoji, with the same facial expressions and color palette. Since Apple does no longer keep any intellectual property rights over Memoji’s, it cannot technically be called as an act of infringement. Also, as Xiaomi has almost no physical presence within the US, it’s far unlikely that Apple would pursue this be counted.

Apple Music has Crossed 60 Million Subscribers

Apple’s Vice President informed that Apple Music has crossed 60 million subscribers this month, which became nevertheless round 50 million as of April. The parent is more than the users of Spotify inside the US however worldwide it still holds a a hundred million base. It is in all likelihood that Apple Music might update iTunes as soon as MacOS launches Catalina this yr.

Federal Court Holds Amazon Liable for Defective Third-Party Goods

A Federal Appeals Court in Pennsylvania has held that consumers can keep Amazon chargeable for any defective object offered by way of any of its third-party vendors on its platform. This decision became made after reviewing a case in Pennsylvania, wherein the patron bought a retractable canine leash on Amazon from a third-birthday celebration dealer with the aid of the call “The Furry Gang”, and even as taking walks her dog, the leash recoiled and the consumer become blinded. Neither Amazon nor the client should trace the seller. There were several suits against Amazon with regard to the sale of defective items, but whenever Amazon has effectively dodged such liability claims.

This time but, the Court ruled in opposition to the e-trade platform, considering that while Amazon turned into protected for “speech” on its platform, it wasn’t necessarily included for the sale of products inside the real global. This decision of the Court ought to severely effect Amazon’s present and destiny enterprise operations.

A&M Studio and OneLoop Collaborate to Expand Digital Music Distribution

A&M Studio, a platform that promotes budding skills in the field of song, has recently joined palms with OneLoop, a digital audio marketplace. The studio targets to bring out new and budding talent within the tune fraternity. The two businesses have ventured into this partnership to mix their respective assets, which includes A&M Studio’s huge and in-depth roster of artists and library of content material and OneLoop’s distribution platform. The principal objective at the back of this collaboration, is to make an expansion of virtual song to be had to a bigger target audience, each internationally in addition to in India.

Court Rules in Favor of Andy Warhol in a Copyright Infringement Lawsuit

Renowned photographer Lynn Goldsmith lost a copyright infringement healthy in opposition to the Andy Warhol Foundation for the Visual Arts, after america District Court ruled in want of the artist. Goldsmith had claimed copyright over positive black-and-white studio images that she had taken of the singer Prince. Vanity Fair later, certified those pix for $four hundred and commissioned Warhol to create an illustration of Prince for an article titled “Purple Fame”. The photographer further stated that her black and white photograph become in stark assessment to the artist’s illustration of the image, which had loud and unnatural colors delivered to it.

The Court but, held that Andy Warhol’s illustration of the photograph amounted to honest use, and consequently the artist changed into no longer liable for copyright infringement. Goldsmith’s legal professional said that they might enchantment this decision.

Top Chinese E-Commerce Platform Shein Shuts Down Partially

Shein, one of the pinnacle Chinese e-commerce platforms, become forced to close down in part after a crackdown by way of Mumbai Customs. This resulted in the seizure of approximately 500 parcels from Sino India Etail, that is the reliable supplier for Shein. The parcels had been confiscated after it was determined that Sino India Etail had not paid the whole amount of the customs responsibility. A lot of small vendors and on-line stores had been complaining approximately Chinese e-commerce systems shipping goods ordered via Indian customers to diverse towns claiming them to be gifts. This is viable because of the availability under the Indian regulation, that permits any items acquired with the aid of Indians as much as Rs. 5000 to be exempted from any tax.

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