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A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98
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Right of Publicity Part 2

IP and Legal Filings

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v. State of T.N., State of T.N., State of T.N.,

Privacy 97
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Think Keyword Metatags Are Dead? They Are (Except in Court)–Reflex v. Luxy

Technology & Marketing Law Blog

Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result. There’s also a copyright claim for Luxy copying the plaintiff’s TOS/privacy policy.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [This is the most coveted payload for trademark owners.

Trademark 137
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Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. For instance, in Titan Industries Ltd.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52
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Fourteenth Trademark Scholars' Roundtable, part 3 (Evidence)

43(B)log

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Past work on how people walk around in a fog of confusion: Jacob Jacoby did this work in the 1980s—20% of people misunderstand any given factual claim in advertising!