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California Supreme Court reaffirms strict liability for false advertising in Serova

43(B)log

The statements were “commercial advertising meant to sell a product, and generally there ‘can be no constitutional objection to the suppression of commercial messages that do not accurately inform the public.’” Not all marketing of artistic works is noncommercial speech. The California Supreme Court reversed.

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St. Art Foundation v. Acko General Insurance: Decoding Street Art, Fair use and Moral rights

SpicyIP

Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 52(1)(t) and ‘moral rights’ of the author in such work. 13(1) of being ‘original artistic work’. 57 of the Act.

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Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. ” Notice how this legal standard skips a step in the publication process, because it was likely not the initial authors/publishers who submitted the yearbooks to PeopleConnect. Ancestry , Knapke v.

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SpicyIP Weekly Review (September 13-19)

SpicyIP

Panda and Brothers , granted an ex-parte ad-interim injunction restraining the Respondents from using the get-up/ artistic work similar to the Petitioner’s registered artistic work for the sale of salt. Leading educational publishing company, Pearson, has sued Chegg Inc. September 13, 2021]. Ishvi Food Private Ltd.

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Fleshing out the copyright in a tattoo

IP Whiteboard

In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. In looking at this question, you first need to consider what work is being used as a tattoo.

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Media Laws, Rights & Privacy Of Celebrities

IP and Legal Filings

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 75
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Authorship of photographs and ownership of image rights in Nigeria: Banire v NTA-Star TV Network Ltd

The IPKat

The attention of this SpecialKat was recently drawn to the decision of the Nigerian Court of Appeal in Banire v NTA-Star TV Network Ltd regarding the question of authorship and ownership of copyright in photographs used for advertising purposes and the issue of image rights in Nigeria. VMNL) or both that person and their licensee (i.e.