IP and Legal Filings

OCTOBER 11, 2022

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. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. Such technology is not novel. Firms such as Eterni.me

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

Intepat

NOVEMBER 4, 2024

When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. This article delves into these aspects in detail, exploring the nuanced intersections of data privacy and intellectual property within AI. Rajagopal v. State of Tamil Nadu.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

The IPKat

APRIL 7, 2025

All intellectual property rights have a limited territorial scope. This can make it difficult to determine if an IP right is infringed, particularly when the contested use takes place online. The Court agreed that copyright also has a personal rights component. Not implementing geo-blocking (i.e.

Copyright 64

Copyright Copyright Infringement Art Intellectual Property 64

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

IP 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Blogging Trademark 45

The IPKat

NOVEMBER 26, 2022

This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

Law 142

Law Privacy IP Personality Rights 142

The IPKat

SEPTEMBER 24, 2023

Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI. Note that the Berne Convention speaks of writings, lectures, paintings or sculptures (Article 2(1)).

Copyright 138

Copyright Derivative Work Music Copying 138

IP and Legal Filings

JANUARY 31, 2024

Other aspects of privacy include the right to one’s own body, individual autonomy, protection from state surveillance, informational self-determination, dignity, confidentiality, and the freedom to move, think, and dissent. The right to privacy must, in other words, be evaluated case-by-case. Kheharon in the case of Justice K.S.

Privacy 98

Privacy Personality Rights Confidentiality Law 98

SpicyIP

JULY 27, 2023

She is an IP lawyer based out of New Delhi. Previously in 2021, the plaintiff’s interim injunction application had been heard by Justice Sanjeev Narula wherein the Hon’ble Court did not deem fit to pass an injunction on the ground of descendability of publicity rights. [ This guest post is authored by Devangini Rai.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

The IPKat

JUNE 4, 2022

Regarding the monochrome red-coloured silhouette of, let’s say, an unspecified person, this Kat commented as follows: Iconic scene of 2017 China IP Without seeing the Gif file, will you still believe that the figure is Michael Jordan? The 5th case is relevant in defining the threshold for protection of the right of likeness.

Personality Rights 81

Personality Rights Music Advertising Advertising 81

Intepat

MAY 16, 2023

Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. Since he is a well-known person and has publicity rights attached to his name and photographs, the infringers faced legal action. What are Publicity Rights?

Brands 98

Brands Branding Branding Personality Rights 98

SpicyIP

DECEMBER 29, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on Delhi HCs ruling on Celebrity Rights and the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity. The Delhi HC restrained the defendants in both cases from infringing the plaintiffs personality rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

SpicyIP

JULY 17, 2023

Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. Hope you enjoy the SpicyIP Weekly review!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

JULY 19, 2021

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution. ISSN:1583-6258, Vol.

Privacy 98

Privacy Law Intellectual Property Music 98

The IPKat

OCTOBER 7, 2021

Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Anderson.Paak got a new tattoo- and we might have an idea why by Despoina Dimitrakopoulou, L.L.M &

Moral Rights 134

Moral Rights Art Music Copyright 134

IIPRD

AUGUST 11, 2023

IP ISSUES CREATED BY THE MANGA FAN BASE Due to the growing interest of the world inMangas several rights of a manga-ka are challenged. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T. Napster, Inc.,

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

JULY 29, 2021

Scaria and George in their article Copyright and Typefaces (p.9) 9) argue that any right or subject matter not specifically enumerated under the Copyright Act is beyond the purview of copyright protection in India. Murray in his article Copyright, Originality, and the End of Scenes a Faire and Merger Doctrines for Visual Work (p.4)

Copyright 126

Copyright Artistic Work Copyright Law Law 126

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

LexBlog IP

JUNE 13, 2023

42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq. 42 of 22 January 2004, hereinafter “Cultural Heritage Code”), which under Article 106 et seq.

Art 52

Art Personality Rights Advertising Advertising 52

43(B)log

AUGUST 9, 2024

Can be done with domain names, IP addresses, a combination, URL blocking. But more important with dynamic injunctions, where jurisdictions adopt some shortcut mechanism whereby an initial injunction against ISPs can be used by Ps to add URLs/domain names/IP addresses to the injunction. Gowers Review of IP—not adopted!

Fair Use 59

Fair Use Moral Rights Law IP 59

SpicyIP

DECEMBER 31, 2024

2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. d) Other IP Developments; and e) Other Notable Developments.

IP 105

IP Invention Patent Copyright 105

The IPKat

DECEMBER 17, 2024

by Phil Sherrell and Toby Bond The UK Government today announced the opening of its long-awaited consultation into copyright and AI, inviting views from industry on one of the hottest topics in IP law. The new exception on which views are sought would align the UK more closely with the EU position under Article 4 DSM Directive.

Copyright 64

Copyright Government Personality Rights IP 64

SpicyIP

DECEMBER 6, 2024

Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. Yet courts have deviated from this understanding and have treated the right to publicity as a property or quasi-property right (see here ). Subbulakshmis name as part of an award. His previous posts can be accessed here.

Privacy 59

Privacy Music Law Personality Rights 59

Intepat

OCTOBER 28, 2024

This article will delve into the key copyright challenges associated with NFTs and their implications for the creative industry. The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

SEPTEMBER 15, 2024

Here is our recap of last week’s top IP developments including summary of the posts on posthumous rights of artists, and book reviews of “Modern Law of Copyright in Singapore” and “Overlapping Intellectual Property Rights (2 nd Ed.). billion worth of company’s IP to build a chip fab in China. ” at his shop.

Trademark 77

Trademark Editing IP Copyright 77

IP and Legal Filings

DECEMBER 6, 2023

This article is divided into two parts. The first part of this article explained the meaning of publicity rights and delved into the facet of legal recognition of publicity rights in jurisdictions other than India. First Part Right of Publicity Published on Mondaq. Puttaswamy (retd.) Union of India and Ors.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

JUNE 17, 2024

Here is our recap of last week’s top IP developments including summaries of post on DHC’s decision in Forest Essentials v. Other IP Developments Delhi High Court to have new roster for the IP Division w.e.f. Baby Forest. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? July 1, 2024.

Designs 59

Designs Design Trademark IP 59