Canadian Intellectual Property Blog

JUNE 10, 2020

We live in the digital age of smartphones and social media, where the large scale capturing and sharing of photographs has become a global run-of-the-mill form of communication and expression. The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

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

Intepat

MAY 16, 2023

A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various social media platforms and many people fell into this trap. Subsequently, Amitabh Bachchan filed a suit in the court claiming a violation of publicity rights. What are Publicity Rights?

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

IPilogue

DECEMBER 9, 2021

This may become tricky in the context of social media, as memes only become popular by copying and reposting. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights.

Social Media 72

Social Media Personality Rights Law Branding 72

SpicyIP

JANUARY 2, 2022

The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on social media platforms. Recognition of non-human inventors, AI and its implications for India.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 19, 2023

Though the parties were able to reach an agreement and the defendant removed the hoarding and other posts on social media sites, considering the question of whether such a use would fall under Section 52 or not, the court posted the matter for further hearing on February 2.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? The Curious Question 2—What About the Doctrine of Laches?

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111