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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

[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.

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SpicyIP Weekly Review (July 12 – 18)

SpicyIP

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.