SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 94

Cease and Desist Copyright Infringement Invention Social Media 94

IPilogue

DECEMBER 9, 2021

This may become tricky in the context of social media, as memes only become popular by copying and reposting. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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 79

Personality Rights Privacy Social Media Copyright 79

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Rajat Nagi & Ors.

Personality Rights 99

Personality Rights Privacy Copyright Trademark 99

SpicyIP

AUGUST 12, 2024

Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines. C2Sense, Inc v.

Trademark 82

Trademark Personality Rights Registration Business 82

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

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 134

IP Intellectual Property Copyright Trademark 134

SpicyIP

NOVEMBER 19, 2023

Though the parties were able to reach an agreement and the defendant removed the hoarding and other posts on social media sites, considering the question of whether such a use would fall under Section 52 or not, the court posted the matter for further hearing on February 2.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 109

IP Copyright Trademark Intellectual Property 109