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 78

Personality Rights Privacy Social Media Copyright 78

SpicyIP

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court].

IP 138

IP Intellectual Property Copyright Trademark 138

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 114

IP Copyright Trademark Intellectual Property 114

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

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 Branding 72

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

JULY 10, 2024

What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place. & Ors.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49