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A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98
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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

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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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology.

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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. ” [This is the most coveted payload for trademark owners.

Trademark 138
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Publicity Rights: An analysis of Amitabh Bachchan V. Rajat Nagi & Ors.

Intepat

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52
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2021 IP Year in Review

IPilogue

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Trademark Law. Parody in Trademarks is No Joke. Copyright Law.

IP 106