Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. However, the existing legislations do not seem fully equipped to address the complexities of the advent of artificial intelligence in the media.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

APRIL 10, 2025

This grants celebrities to capitalize on their brand value and at the same time protect it under the realm of privacy rights. Celebrity rights are in a way paradoxical in nature are they form a combination of publicity, personality and privacy rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

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.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

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 ).

Public Domain 132

Public Domain Artwork Copyright Marketing 132

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

SpicyIP

SEPTEMBER 12, 2024

The book structure can be divided into four parts, with the first three analysing the overlap of patents, copyright, and trademarks, with other IP rights, respectively. There is one titled “Overlaps between Copyright, Rights of Publicity, and Personality Rights” authored by Tyler T.

Editing 80

Editing Intellectual Property Privacy IP 80

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 ”.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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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Trademark Patent Copyright Patent Application 58

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 92

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.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

SpicyIP

JULY 9, 2021

Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 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

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.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 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.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

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? 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Branding 98

Branding Brands Branding Personality Rights 98

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.

Social Media 71

Social Media Personality Rights Law Branding 71

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments. Merck Sharp and Dohme v.

IP 143

IP Intellectual Property Copyright Trademark 143

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.

Privacy 104

Privacy Personality Rights Public Domain Ownership 104

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. In another case of Indian Performing Rights Society v. Puttaswamy (retd.)

Privacy 105

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.

Privacy 63

Privacy False Advertising Personality Rights Branding 63