SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. The jurisdictions analysed are the US, UK, and the European Union.

Editing 80

Editing Intellectual Property Privacy IP 80

SpicyIP

MARCH 9, 2025

The defendant began using ‘Zoly’ in 2012, which the plaintiff argued could mislead consumers due to phonetic similarity. They also claimed they owned a similar domain name and were registered proprietors of various “DB” and “D&B” trademarks and copyrights.

Trademark 58

Trademark Patent Copyright Patent Application 58

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 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

MAY 20, 2024

The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question. The plaintiff claimed that their blue coloured product trade dress is iconic and distinctive and Nivea is a well-known trademark. The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 45

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

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143