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

SpicyIP

JULY 9, 2021

referring to the DM Entertainment v. 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. Can publicity rights survive after a celebrity’s death?

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

Kluwer Copyright Blog

JUNE 14, 2023

In the Tribunale di Firenze’s decision, while the reference to the constitutional norm seems to represent a mere rhetorical exercise, the content of the exclusive right would be traceable in the provisions of the Cultural Heritage Code. The Tribunale di Firenze applied the Italian law: art. 9 of the Constitution , art.

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

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. For example, Amul is as famous for its quirky print advertisements, as it is for its products. Personality Rights.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. 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.

Privacy 98

Privacy Law Intellectual Property Music 98

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? However, Indian law has indirect references for the protection of publicity rights.

Brands 98

Brands Branding Branding Personality Rights 98

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. which follow and have codified legislation on publicity rights in general for sports.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. On top of that, as the case demonstrates, the public domain may receive other threats from an aggressive extension of the scope of personality rights. Setting aside the private international law aspects, the case deserves examination on two main grounds.

Public Domain 98

Public Domain Copyright Law Artwork 98

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.

IP 52

IP Trademark Registering Trademarks Personality Rights 52

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 124

IP Copyright Trademark Intellectual Property 124

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. emphasizing on person skilled in the art. The five-step inquiry into inventive step, as outlined in the latter case was also referred. v Cipla Ltd.,

Trademark 45

Trademark Advertising Advertising Copyright 45

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 Copyright 92

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 72

Social Media Personality Rights Law Brands 72

The IPKat

JUNE 4, 2022

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. The 5th case is relevant in defining the threshold for protection of the right of likeness. Case reference (Civil Judgment No.

Personality Rights 81

Personality Rights Music Advertising Advertising 81

IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N.,

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 64

Privacy False Advertising Personality Rights Branding 64

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But, ‘safety’ against what? Simply none.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

SpicyIP

JULY 10, 2024

have established the defence of De Minimis Non Curat Lex (the law cares not for small things) where minor and often short references to copyrighted works used in for-profit but expressive content is excused. Conclusion Claims that expressive works infringe intellectual property rights are not new. & Ors. Hindustan Coca Cola Ltd. &

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

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 105

Privacy Personality Rights Public Domain Ownership 105