SpicyIP

JULY 17, 2023

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. Case Summaries Calcutta High Court restrains the defendant from infringing the unregistered trademark of the respondent Case: Usco S.P.A. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Selvam & Selvam Blog

APRIL 5, 2022

We have come across many instances where Indian celebrities have registered their names and/or their signatures as a trademark. Accordingly, any unauthorized use of any kind of logo or symbol associated with any event, can make a case of trademark infringement. Personality Rights. Tata Tea Ltd (CS no.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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

Selvam & Selvam Blog

NOVEMBER 30, 2022

The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement.

Personality Rights 52

Personality Rights Television Registration Technology 52

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

Intepat

DECEMBER 26, 2023

Simply Life India and Ors involving Anil Kapoor’s Personality Rights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

The IPKat

SEPTEMBER 22, 2023

Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personality rights, among others. There is no doubt that the approach employed by the authors in this book is unique.

Intellectual Property Law 80

Intellectual Property Law Intellectual Property Law Registration 80

IP and Legal Filings

NOVEMBER 23, 2023

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. iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

Intellectual Property 98

Intellectual Property Privacy Branding Brands 98

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Case citation : Coscarelli v. Esquared Hosp. , Courier Journal.

Copyright 140

Copyright Social Media Copying Blogging 140

The IPKat

SEPTEMBER 24, 2023

In my opinion, there has never been any talk of such works, because that would be the same as talking about non-distinctive trademarks. If someone invades your privacy, you can enforce your personality rights. Everything that is distinct from the person and serves the use of people can be protected ( ABGB § 285 ).

Copyright 138

Copyright Derivative Work Music Copying 138

IP and Legal Filings

MAY 23, 2023

Image Sources : Shutterstock] Legal rights in domain names can be derived from these sources: registration of the name as a trademark ; prolonged use of the name for trading; or the biological name of a person. the owner of the well-known trademark “Yahoo!” Akash Arora and Ors. [1] The plaintiff, Yahoo!,

Business 52

Business IP Registration Trademark 52

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. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

Law 137

Law IP Editing Intellectual Property 137

IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

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

The IPKat

DECEMBER 17, 2021

The new policy underscores the need for further legislative reform including a revision of the Copyright and Performance Rights Act , the Plant Breeders Act , the Merchandise Marks Act , and the Trademarks Act.

IP 92

IP Patent Intellectual Property Inventor 92

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

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Institute of Directors v. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. & and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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

AUGUST 16, 2021

When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights. But the patriotism of FMCG and other companies, entities who have personality and nationality only by legal fiction, is less certain. The landmark judgement in this regard is D.M. Entertainment Pvt.

Social Media 72

Social Media Personality Rights Law Branding 72

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

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 84

Intellectual Property Confidentiality Litigation IP 84

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. Similarly, publicity rights encourage individual creativity by allowing celebrities to profit from their efforts.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 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

A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Even a year after receiving the GI tag, Telangana farmers wait for the red gram board.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

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.,

Privacy 98

Privacy Intellectual Property Law Intellectual Property Advertising 98

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