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

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MAY 20, 2024

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name?

Trademark 45

Trademark Advertising Advertising Copyright 45

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OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

Licensing 59

Licensing Trademark Intellectual Property Copyright 59

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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

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JANUARY 2, 2022

Such an interpretation allows for a patentee to claim a right to prohibit another party’s export of allegedly infringing goods, thus going beyond what the statute actually offers. This judgment concerned the classification of payments under end-user license agreements (EULA). Engineering Analysis Centre for Excellence Pvt.

IP 143

IP Intellectual Property Copyright Trademark 143

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DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected.

IP 124

IP Copyright Trademark Intellectual Property 124

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DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52