SpicyIP

JULY 9, 2021

Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

Selvam & Selvam Blog

APRIL 5, 2022

For example, Amul is as famous for its quirky print advertisements, as it is for its products. While such acts were prevalent for some time now, they did not necessarily infringe the rights of any party involved in it. Personality Rights. The right to control commercial use of human identity is the right to publicity ”.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 61

Personality Rights Privacy Social Media Intellectual Property 61

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments. Merck Sharp and Dohme v.

IP 143

IP Intellectual Property Copyright Trademark 143

Kluwer Copyright Blog

APRIL 29, 2024

In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).

Public Domain 130

Public Domain Artwork Copyright Marketing 130

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights.

Social Media 72

Social Media Personality Rights Law Branding 72

IP and Legal Filings

DECEMBER 6, 2023

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. In another case of Indian Performing Rights Society v. Puttaswamy (retd.)

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94