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

SpicyIP

AUGUST 2, 2024

Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Moreover, these advertisements may also lead many viewers to misconstrue the message as an endorsement of the brand by the athlete themselves.

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LexBlog IP

NOVEMBER 9, 2021

Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” Student athletes are allowed to fully control their personality rights and make money licensing them.

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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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The IPKat

AUGUST 31, 2024

the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personality rights.

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Selvam & Selvam Blog

MAY 28, 2024

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.

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Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. The Supreme Court’s opinion.

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Intepat

NOVEMBER 4, 2024

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 personality rights, seek to protect the personal data of celebrities from potential misuse. State of Tamil Nadu.

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Intellectual Property Privacy Intellectual Property Law Personality Rights 52

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.

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SpicyIP

JULY 9, 2021

This question is quite relevant in the context of posthumous application of publicity rights. But if it’s a personal right, then it obviously ceases with the individual’s demise. In DM Entertainment , Daler Mehndi had assigned all his rights and interests in his personality to the entity, DM Entertainment.

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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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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

SpicyIP

DECEMBER 23, 2024

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.

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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.

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Kluwer Copyright Blog

JUNE 14, 2023

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. 106), the instrumental use and reproduction (art.

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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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SpicyIP

JANUARY 2, 2022

The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading.

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IP Intellectual Property Trademark Copyright 143

Kluwer Copyright Blog

APRIL 29, 2024

In recent first-instance rulings, copies of David by Michelangelo and Vitruvian Man by Leonardo Da Vinci were prevented from being freely used on a board game, a magazine cover page, and an advertising commercial (see also DeAngelis/Giardini here ; Dore/Caso here and here ).

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SpicyIP

FEBRUARY 17, 2025

on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personality rights 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.

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IP and Legal Filings

APRIL 10, 2025

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: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.

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Personality Rights Privacy Intellectual Property Journalism 52

Selvam & Selvam Blog

APRIL 5, 2022

For example, Amul is as famous for its quirky print advertisements, as it is for its products. While such acts were prevalent for some time now, they did not necessarily infringe the rights of any party involved in it. Personality Rights. The right to control commercial use of human identity is the right to publicity ”.

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Marketing Marketing Social Media Personality Rights 40

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?

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Branding Branding Brands Personality Rights 98

The IPKat

JUNE 4, 2022

There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

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IP and Legal Filings

APRIL 8, 2023

After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy.

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Privacy Law Intellectual Property Music 98

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

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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.

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SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants.

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SpicyIP

SEPTEMBER 12, 2024

There is one titled “Overlaps between Copyright, Rights of Publicity, and Personality Rights” authored by Tyler T. The chapter is, for the most part, a jurisdictional study on the overlap between copyright, publicity, rights, and personality rights.

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Editing Intellectual Property Privacy IP 81

Kluwer Copyright Blog

APRIL 5, 2023

One of the most recent examples is the dispute (not yet decided) around the use of the images of the Birth of Venus by Michelangelo in fashion design; the others are the controversy over the use in the advertising of the image of the Teatro Massimo in Palermo [2] and the multiple claims against the use in the marketing of David by Donatello. [3]

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SpicyIP

MARCH 9, 2025

on 07 March 2025 (Bombay High Court) The plaintiff, a notable Hindi film director, filed the suit against the defendants seeking reliefs against the violation of his privacy and personality rights by the defendants film title Shaadi Ke Director Karan Aur Johar.

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SpicyIP

MAY 20, 2024

The defendant claimed defence under comparative advertising, that it does lead to disparagement and that the plaintiff does not hold registration over the blue colour in question. The plaintiff claimed that their blue coloured product trade dress is iconic and distinctive and Nivea is a well-known trademark. The Peppy Stores & Ors.

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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.

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LexBlog IP

JUNE 13, 2023

Interestingly, by applying the Cultural Heritage Code, the Court of Florence also recognized personality rights – more specifically, image rights – to the work of art by Michelangelo and to works of art in general, which Italian museums would be entitled to enforce for the cultural property they have on consignment. .

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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.

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Intellectual Property Journalism Patent Application Social Media 59

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. ,

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SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights.

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SpicyIP

NOVEMBER 8, 2024

Views expressed here are personal.] Ex Parte Orders on Personality Rights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.

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