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It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademarklaw. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time. 3d 983 (2015).
There are no separate legal provisions for these rights and they have been included under the existing IntellectualPropertylaws. The concept of passing off under trademarkslaw was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.
These events point to two prevalent issues within the current legal framework: First, that current intellectualpropertylaws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.
For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectualpropertylaw regime.
§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademarklaw significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese TrademarkLaw, Article 4(1)(viii). ” Id. (at
That question is “how have various countries’ intellectualpropertylaws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” ” Welsh (2015) at 134. The Compendium specifically excludes works alleged to be created by a divine being.”
The Legal Gray Area: Does IP Law Fully Protect Against Ambush Marketing? Conclusion: Why IP Law Needs to Adapt to the Digital Age of Sports Marketing Ambush marketing strategy or technique is a significant challenge to the traditional understanding of intellectualpropertylaws. Intl) Ltd. Arvee Enters. &
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. 2662/2011 Douglas v.
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