IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iv] The Copyrights Act, 1957. [v]

Intellectual Property 99

Intellectual Property Privacy Branding Brands 99

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights. Additionally, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Canadian Intellectual Property Blog

JUNE 10, 2020

The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create. It is sufficient that the privacy of the plaintiff was egregiously violated.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

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 63

Personality Rights Privacy Social Media Intellectual Property 63

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. This results in violating the principle of the numerus clausus of intellectual property rights and a significant distortion in the implementation of EU law in the country.

Public Domain 130

Public Domain Artwork Copyright Marketing 130

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act. Piyush Subhashbhai Ranipa v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. She highlights that the Court refused to afford post mortem protection to personality rights of the actor. 14 July, 2021].

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

NOVEMBER 26, 2022

It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced. It is worth recalling that this is not a court on the merits, but is rather tasked with ensuring the correct interpretation and application of the law.

Law 142

Law Privacy IP Personality Rights 142

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v.

Privacy 99

Privacy Intellectual Property Law Intellectual Property Copyright 99