IP and Legal Filings

NOVEMBER 23, 2023

[i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] ii] It was the first given judgment dealing with publicity rights. Publicity rights have attracted considerable recognition in the field of intellectual property rights.

Intellectual Property 95

Intellectual Property Privacy Branding Brands 95

Selvam & Selvam Blog

APRIL 5, 2022

Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. We have come across many instances where Indian celebrities have registered their names and/or their signatures as a trademark. Personality Rights. Music vector created by macrovector.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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

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. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. This is achieved by understanding the parallels between publicity right and trademark law.

Law 137

Law IP Editing Intellectual Property 137

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. With this, trademark holders may now defend their logos on the web as well. Paramasivam & Ors. [i]

Intellectual Property 81

Intellectual Property Confidentiality Litigation IP 81

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Shayna Jan is a 3L J.D. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

The IPKat

DECEMBER 17, 2021

It’s now wait-and-see how it pans out… In February , Namibian Business and Intellectual Property Authority (BIPA) advised that they are in the process of finalizing a new legal framework for copyright protection in Namibia, which would see the repeal of the Copyright and Neighbouring Rights Act 6 of 1994.

IP 92

IP Patent Intellectual Property Inventor 92

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 61

Personality Rights Privacy Social Media Intellectual Property 61

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Selvam & Selvam Blog

MARCH 28, 2022

Fantasy Sports and Trademarks. One of the most glaring problems that trademark owners of high-profile sporting leagues and sports teams face today is the piracy of their trademarks. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

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 case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 40

Trademark Advertising Advertising Copyright 40

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. Thereby the court is acknowledging the enigmatic nature of this right- as both property and moral right.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

IP and Legal Filings

DECEMBER 6, 2023

Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. Entertainment Pvt. vs. Baby Gift House and Ors., 2662/2011 Douglas v.

Privacy 94

Privacy Intellectual Property Law Intellectual Property Advertising 94

SpicyIP

OCTOBER 2, 2023

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? But does the Indian Trademark Act allow such a treatment?

Licensing 59

Licensing Trademark Intellectual Property Copyright 59