Kluwer Copyright Blog

JUNE 14, 2023

As in the Tribunale di Venezia and Tribunale di Firenze’s decisions, the idea is to transform the State into a commercial actor competing with other companies in the market of the commercial reproduction of cultural heritage images. The decisions of both the Tribunale di Venezia and the Tribunale di Firenze share some conceptual confusion.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

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

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 73

Personality Rights Privacy Social Media Copyright 73

IP and Legal Filings

NOVEMBER 23, 2023

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. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

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 Branding Brands Personality Rights 98

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission.

Privacy 90

Privacy Law Intellectual Property Music 90

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

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 142

IP Intellectual Property Copyright Trademark 142

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.

Public Domain 98

Public Domain Copyright Law Artwork 98

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

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 120

IP Copyright Trademark Intellectual Property 120

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. 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

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

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.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

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?

Licensing 59

Licensing Trademark Intellectual Property IP 59