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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.
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.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Anything we are missing out on?
However, the protection, enjoyment, and enhancement of Europe’s cultural heritage is far from being merely national business. Tschider € 195 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93
Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. Other Posts SpicyIP Tidbit: Update on the Oats Wars: Delhi High Court Issues Notice to Marico After Alpino alleges Suppression of Material Facts Image from here Marico v. Xeljanz was launched in India in the year 2016.
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.
The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. When the grant of license moves into the realm of business, then section 33(1) and/or the second proviso of the Copyright Act applies. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].
These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders.
Case Study 2- Cristiano Ronaldo (6) In mid-June of 2015, Cristiano Ronaldo sells his image rights to Peter Lim, who is the owner of Mint Media Company and opposing La Liga club Valencia. 4] Copyright Act 1957 [5] Sports.ndtv.com/football/bastian-schweinsteiger-sues-hong-kong-company [6] Indiatoday.in/sports/singapore-billionaire-acquires-ronaldo-image-rights
The relevant sections allow the plaintiff to file a suit before a Court within whose jurisdiction he resides, carries on business or works for gain. Bharathwaj Ramakrishnan discusses this issue. Veekesy Rubber Industries Pvt Ltd. Previously the Court had issued an interim injunction and via this order, the Court refused to lift the same.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants.
[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 personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
Recently, the courts have also recognized the commercial right over one’s personal data as a part of intellectual property rights. These commercial rights, also known as personalityrights, seek to protect the personal data of celebrities from potential misuse. State of Tamil Nadu.
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 personalityrights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.
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.
However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.
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. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. & DRS Logistics (P.) and Ors. ,
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., InRaja Pocket Books v.
It is considered appropriate for businesses to treat trademarks as property they can protect, since they have invested labour into generating goodwill and reputation associated with a certain mark which should not be appropriated by those using deceptively similar marks. & 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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