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

Patently-O

have long been a mix of state common law rights and federal statutory rights. Patents and copyrights were established in the Constitution and enacted by the First Congress in 1790. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98
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Unreasoned Orders for Personality Rights

IP and Legal Filings

Consequently, courts in India must either base their recognition of personality rights on common law or constitutional principles, which leaves several questions unanswered. For example, can personality rights be viewed as an extension of the right to privacy? Spelling-Goldberg Prods.,

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Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)

Technology & Marketing Law Blog

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases.

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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. To be honest, under the current system, the scope of protection is limited.

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Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

The concept of passing off under trademarks law was used to provide relief to the plaintiff. In cases wherein copyrighted content is used or altered to create deepfake audio-visual content, Section 51 and 52 of the Copyright Act that deal with infringement would come into the picture. In Amitabh Bhachchan v.

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Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. Puttaswamy v. The Plaintiff also referenced Vanna White v.

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

Intepat

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.