SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. vs Acko General Insurance on 10 November, 2023 (Delhi High Court) The dispute pertains to the use of the plaintiff’s artistic work “Humanity” by the defendant in one of its advertisement hoardings.

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

IP and Legal Filings

FEBRUARY 20, 2024

ABSTRACT There has been a dramatic increase in the commercial use of celebrity personalities by people not authorized to do so compared to the earlier times. Protecting personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

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 Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

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.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

Intepat

MAY 16, 2023

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?

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. The court held that puffery in advertisements is allowed as long as the assertions made are reasonable. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 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.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh. Bharti, Aditya, Aarav, Praharsh and Yukta).

Personality Rights 58

Personality Rights Due Diligence Registering Trademarks Social Media 58

SpicyIP

OCTOBER 2, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Image Rights Alright—But Can They Trump Established Rights and Doctrines? Wondering what IP developments took place last week? Should They? Read the post by Prof.

Licensing 58

Licensing Trademark Intellectual Property IP 58

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., 2007, I, no. 125, pourvoi no.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105