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V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] Parag Sanghavi, 2015 SCC OnLine Del 11644 [4] Kanungo Media (P) Ltd. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.
Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Varsha Productions, 2015 SCC OnLine Mad 158. [7] Rajagopal v.
on 27 September, 2024 (Delhi District Court) The plaintiff sought an injunction against the defendant’s use of the trademark “VELOMAN,” claiming it is deceptively similar to their trademarks “VELO” and its variants. Other IP Developments LML alleges trademark infringement of their “Freedom” mark by Bajaj.
Moulinsart, the Belgian company that holds the rights to Tintin, and the heir of the author, Hergé, holder of the moralrights, brought a copyright infringement case against Marabout. Since the 2015 judgment, the freedom of expression defence has been used in many copyright cases. The parody defence. by Tito Rendas. €
Trademark, another form of intellectual property, is threatened by genericide and derivative use because such uses may dispossess the rights holder of their entitlement. Keller, Recognizing the Derivative Works Right as a MoralRight: A Case Comparison and Proposal , 63 Case W. 8, 2015), [link].
1) He made this request on grounds including trademark law and unfair competition law. Articles 4(1) and (3) concern the individual powers of the author on moralrights and article 12(2) concerns the transfer of intellectual rights (property and moral). dishes and seasonings) as works of IP. (1) Emphasis added.)
The connecting line of recognition of copyright can be drawn back to the ancient times, when Roman jurists like Gaius and Justinian discussed the concepts of incorporeal property, to the enlightenment era where philosophers such as John Locke and Immanuel Kant contributed to the aspects of intangible property (such as copyright, trademark, etc).
Personality rights are divided into two categories: first, the right of publicity, which protects individuals from having their likeness or image used for commercial purposes without their consent or financial compensation. This right is similar to the use of a trademark but not the same.
VIP Products LLC on the trademark side (on which the plaintiff is now seeking certiorari from the Supreme Court), and Sketchworks Industrial Strength Comedy, Inc., Humor is also central to trademark infringement claims through notions of parody, and as part of copyright claims through satire. Falwell did years ago.
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