SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

Technology & Marketing Law Blog

DECEMBER 27, 2021

It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Food Tastes Better When Branded “McDonalds”. Schutz , Robins Kaplan LLP.

Copyright 140

Copyright Social Media Copying Blogging 140

The IPKat

SEPTEMBER 19, 2022

Wanjiru argued that the motive of using the photograph was commercial gain seeing as people would pay to take the advertised courses and that the use of her image resulted in people assuming that there was an employment or a brand ambassador contract between the parties when there was none.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. The defendants were ordered to cease using specific domain names and email addresses associated with the brand. On the other hand, this gives a chance to the violating party to quickly dispose of the goods.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

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 143

IP Intellectual Property Copyright Trademark 143

The IPKat

MAY 29, 2023

With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

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 124

IP Copyright Trademark Intellectual Property 124