This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.
However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personalityrights in India. Topps Chewing Gum Inc. [2] Rajagopal v.
Explaining why and how such seemingly innocuous posts infringe on the shooter’s personalityrights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. PersonalityRights: Publicity or Privacy? Building onto this development, in 2015, the Madras High Court in Shivaji Rao Gaikwad v.
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? Under this Act, Sec. The definition clause under Sec. Additionally, Sec. In Shivaji Rao Gaikwad v.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. Case Summaries Calcutta High Court restrains the defendant from infringing the unregistered trademark of the respondent Case: Usco S.P.A. Drop us a comment below!
Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.
In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law.
Regarding personalityrights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating PersonalityRights Does Fame Have a Trade-Off?
In the third part of his three part post on personalityrights, Akshat discusses the real implications of granting broad personalityrights to celebrities. Views expressed here are personal. Poster for the 2015 documentary titled “The True Cost” Image from here.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personalityrights.
Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights Bringing the dead back from their grave? The suit was transferred to the Commercial Court, which granted an ex-parte ad-interim injunction in 2018, restraining the defendants from using the impugned trademarks.
Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. Publicity Rights and the Right to Privacy in India, 31.1
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content