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

Patently-O

have long been a mix of state common law rights and federal statutory rights. Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016.

Privacy 98
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Unreasoned Orders for Personality Rights

IP and Legal Filings

As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.

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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

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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IPSC Breakout 3: Trademark and Unfair Competition

43(B)log

Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to a decision than seems rational for the amount of risk/benefit in their lives. Court expects consumers to be reasonably prudent in both TM and false advertising. I love this point.]

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

Selvam & Selvam Blog

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.

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Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. This is prone to gross misuse and there is ambiguity regarding the legality of the same since there is a vacuum in the existing legal framework of IP laws with regards to AI generated content.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry. In other words, the law will produce outcomes that are directly opposite to what we want from Congress.

Trademark 138