https://www.taxtmi.com/caselaws?id=300318 Copyright protects the original artistic expression of a work, not the underlying idea, and a mug depicted with distinctive form and artistic treatment can qualify as an artistic work. The article applies the substantial-part and lay-observer tests to conclude that a packaging device closely resembling the red mug artwork, including its overall get-up, amounted to copyright infringement. It also explains that registration of a copyright work does not permit use of an identical or deceptively similar trademark, and that consumer confusion as to source or trade connection brings the mark within trademark infringement principles. Injunctive relief was granted, while damages and delivery up were not. en-us Wed, 07 Dec 2011 00:00:00 +0530 Mon, 24 Jan 2022 18:42:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300318 Copyright protects the original artistic expression of a work, not the underlying idea, and a mug depicted with distinctive form and artistic treatment can qualify as an artistic work. The article applies the substantial-part and lay-observer tests to conclude that a packaging device closely resembling the red mug artwork, including its overall get-up, amounted to copyright infringement. It also explains that registration of a copyright work does not permit use of an identical or deceptively similar trademark, and that consumer confusion as to source or trade connection brings the mark within trademark infringement principles. Injunctive relief was granted, while damages and delivery up were not. Case-Laws Indian Laws Wed, 07 Dec 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300318