SpicyIP

JANUARY 13, 2025

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 Personality Rights cases. Anything we are missing out on?

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Personality Rights Trademark Registration Artwork 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. This results in violating the principle of the numerus clausus of intellectual property rights and a significant distortion in the implementation of EU law in the country.

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Public Domain Artwork Copyright Marketing 132

SpicyIP

FEBRUARY 17, 2025

[Thanks to Aditi, Khushi and Sudhanshu for the case summaries] Here is our recap of last weeks top IP developments including summary of the posts on the ANI vs OpenAI copyright case, CGPDTMs office being moved to Delhi, and exemption under Section 107A of the Patents Act. Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated.

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Trademark Copyright Registration Personality Rights 59

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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Public Domain Copyright Law Artwork 98

SpicyIP

DECEMBER 23, 2024

Marico had sought injunction on Alpinos advertisement alleging generic disparagement of oats. on 5 December, 2024 (Delhi HC) The suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trade mark and copyright of the plaintiff, passing off the services as those of the plaintiff.

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IP Trademark Registering Trademarks Personality Rights 59

Kluwer Copyright Blog

JUNE 14, 2023

This conceptual confusion hides the real interest at stake: the creation of a new form of pseudo-intellectual property (in this case, a pseudo-copyright) that would attribute to the Italian State the power to exclusively control the commercial use of cultural heritage images. 106), the instrumental use and reproduction (art.

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Public Domain Intellectual Property Art Personality Rights 98

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

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Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

APRIL 8, 2023

Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.

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Privacy Law Intellectual Property Music 98

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

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.

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Intellectual Property Registration Trademark Personality Rights 98

IP and Legal Filings

NOVEMBER 23, 2023

Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand. 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. iv] The Copyrights Act, 1957. [v]

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Intellectual Property Privacy Brands Branding 105

SpicyIP

MARCH 9, 2025

ANI vs OpenAI: Why Delhi High Court Has Jurisdiction While OpenAI has argued that the DHC does not have jurisdiction to entertain the suit filed by ANI, a close look at the Copyright Act and CPC says otherwise. Read the post for more details. Consequently, the plaintiffs’ claims for infringement, passing off, and damages were rejected.

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Trademark Patent Copyright Patent Application 59

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The plaintiff argued that it has obtained assignments and exclusive control over copyrights of several music labels. It was argued that the defendant was illegally telecasting these films over Youtube.

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Social Media Trademark Licensing Music 105

IP and Legal Filings

APRIL 10, 2025

Though no definition for celebrity is to be found in any statute but the word Performer has been defined in the section 2(qq) of the Indian Copyright Act. The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

SpicyIP

SEPTEMBER 12, 2024

About the 2nd Edition As stated in the preface to the 1st edition of the book, the idea behind the book’s theme at large, stems from a question by one of Wilkof’s students on how laws address the intersection between copyrights and trademarks and the ensuing realisation by him about the general lack of secondary sources on this issue.

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Editing Intellectual Property Privacy IP 81

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The issue has often arisen in the context of protecting confidential information through copyright law.

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Personality Rights IP Licensing Copyright 59

SpicyIP

NOVEMBER 19, 2023

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. A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

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.

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Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights 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.

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Personality Rights Privacy Moral Rights Copyright 98

The IPKat

SEPTEMBER 27, 2023

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. The lights dim, and the film rolls. Think again.

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Personality Rights Advertising Advertising Publishing 130

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.

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Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. Serious Comparative Advertising: Broadening the Definition. Not obtaining the author’s consent might lead to heavy penalties. Other Posts.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JULY 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. The Right to Integrity. Celebrity Rights as Property? Image from here.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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? However, Indian law has indirect references for the protection of publicity rights. Additionally, Sec.

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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. To read these, along with a round up of IP developments around the country, and world, read on below.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

MAY 20, 2024

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. the Court restrained defendant no. M/s Vans Inc.

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Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

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IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act. Piyush Subhashbhai Ranipa v.

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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.

Personality Rights 59

Personality Rights Due Diligence Registering Trademarks Social Media 59

SpicyIP

OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

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Licensing Trademark Intellectual Property IP 59

SpicyIP

JULY 10, 2024

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement. & Ors. Hindustan Coca Cola Ltd. &

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Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

SpicyIP

OCTOBER 1, 2023

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 personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But, ‘safety’ against what?

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Personality Rights Non-Fungible Tokens Copyright Social Media 111

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., InRaja Pocket Books v.

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Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

NOVEMBER 8, 2024

Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood.

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Privacy False Advertising Personality Rights Brands 64