IP and Legal Filings

OCTOBER 11, 2022

Starting from an Actor promoting tourism advertisements to a cricketer promoting daily life snacks, we live in a celebrity-driven economy. Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. PERSONALITY RIGHT.

Personality Rights 52

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IPilogue

JUNE 3, 2022

This article was written as a requirement for Prof. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. In the case of Na-Yeon, her personality rights were used to recreate her VR persona. . Such technology is not novel.

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Marketing Marketing Personality Rights Intellectual Property Law 104

Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. The exception set forth in article 8.1

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. Italy transposed Article 14 CDSM Directive explicitly indicating that the norm applies with no prejudice to the Italian Code of Cultural Heritage and Landscape (ItCCHL).

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Kluwer Copyright Blog

JUNE 14, 2023

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. The Tribunale di Firenze applied the Italian law: art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

JULY 9, 2021

The court examined relevant cases and held that celebrity rights ‘cannot be appreciated, divorced of the concept of right to privacy’ and that they originate from the right to privacy stemming from Article 21. Additionally, the court said that the issue of posthumous survival of celebrity rights ‘requires a deeper probe’.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

JUNE 4, 2022

There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

Personality Rights 81

Personality Rights Music Advertising Advertising 81

Kluwer Copyright Blog

APRIL 5, 2023

The Court applies Italian law cross-border to the unitary set of conducts, based on an economic-functional link among all company divisions, indicating as the main criterion of connection with Italian jurisdiction the forum damni ex Article 20 of the Italian code of civil procedure (c.p.c.), which refer to a person’s rights to name and image.

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IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

Intellectual Property 105

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SpicyIP

JANUARY 2, 2022

Similar to the Delhi High Court judgment above, this Court in its interim order found that a prima facie case had been established to uphold the petitioner’s right to be forgotten. In this case, the right to be forgotten was located in Article 21 of the Constitution and a post Puttaswamy framework. Merck Sharp and Dohme v.

IP 143

IP Intellectual Property Trademark Copyright 143

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 98

Privacy Law Intellectual Property Music 98

Intepat

MAY 16, 2023

Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. Since he is a well-known person and has publicity rights attached to his name and photographs, the infringers faced legal action. What are Publicity Rights?

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Branding Branding Brands Personality Rights 98

Selvam & Selvam Blog

APRIL 5, 2022

For example, Amul is as famous for its quirky print advertisements, as it is for its products. While such acts were prevalent for some time now, they did not necessarily infringe the rights of any party involved in it. Personality Rights. The right to control commercial use of human identity is the right to publicity ”.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

LexBlog IP

JUNE 13, 2023

42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq. 42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq.

Art 52

Art Personality Rights Advertising Advertising 52

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.

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IP and Legal Filings

DECEMBER 6, 2023

This article is divided into two parts. The first part of this article explained the meaning of publicity rights and delved into the facet of legal recognition of publicity rights in jurisdictions other than India. First Part Right of Publicity Published on Mondaq. State of T.N.,

Privacy 105

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