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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. PERSONALITYRIGHT.
The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artisticwork, with claimed use since 1978. Chotiwala Food And Hotels Private vs Chotiwala & Ors. 1,00,000 each, and issued a mandatory injunction against defendant 4 to remove infringing listings.
Licensing It denotes that the film is based on a previously published novel, book, or artisticwork. After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy.
vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artisticwork “Humanity” by the defendant in one of its advertisement hoardings. The defendant argued that since the plaintiff’s work was exhibited in public its reproduction will fall under the ambit of fair use.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. and Ors. ,
Conclusion Claims that expressive works infringe intellectual property rights are not new. However they do seem to be on the uptick considering the recent case where Karan Johar claimed his personalityrights were infringed by the movie “Shaadi ke director, Karan aur Johar.” & Ors. Hindustan Coca Cola Ltd. &
In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personalityrights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But, ‘safety’ against what? Simply none.
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