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The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademarklaw.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademarklaw in particular has the benefit of granting collective rights and can also provide perpetual protection.
The suit concerned agreements dating back to 2001 between IPRS and ENIL regarding broadcasting music in certain cities. An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy.
Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademarklaw. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film.
This provision of the federal trademarklaw known as the Lanham Act is codified in 15 USC 1052.) Sections 2(a) and 2(c) both protect an individual’s right of privacy and right of publicity in trademarklaw by preventing the unauthorized registration of a person’s name, signature, or image.
The PTO’s asserted justification for this total ban on registration is “to protect the intellectual property right of privacy and publicity that a living person has in his/her identity.” [10] 4th 387, 404 (2001) (internal citations and quotation marks omitted). [18] 471, 500 (2003)). [16] 17] Comedy III Prods., Gary Saderup, Inc. ,
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