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A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

by Dennis Crouch Intellectual property rights in the U.S. have long been a mix of state common law rights and federal statutory rights. Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right.

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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

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Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

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 personality rights specifically. How can such rights be enforced under the existing legal framework?

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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. To be honest, under the current system, the scope of protection is limited. Once uploaded, there is no reversing it.

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Moment Marketing and its legal implications

Selvam & Selvam Blog

For example, Amul is as famous for its quirky print advertisements, as it is for its products. However, recently when PV Sindhu won a medal in the Tokyo Olympics 2020, a lot of brands ran advertisements on social media platforms portraying her name and face along with their logo and brand to congratulate her. Tata Tea Ltd (CS no.

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Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

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2021 IP Year in Review

IPilogue

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Trademark Law.

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