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& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personalityrights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for PersonalityRights? India Pride Advisory Private Ltd. &
However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personalityrights.
The current statute provides protection of these celebrity rights under trademarklaw, copyright law as well as passing off action for infringing the said rights. PersonalityRights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.
The right to use the name “Arun Jaitley” vested with the plaintiff alone on account of being a well-known mark and the plaintiff’s personalright and entitlement to use his personal name. 4] (2011) 181 DLT 716. The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith.
Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademarklaw and thatcelebrity is entitled to use his name for commercial purposes.
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