SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

Law 137

Law IP Editing Intellectual Property 137

Technology & Marketing Law Blog

DECEMBER 27, 2021

this article ) and is now generating truckloads of cash for many lawyers. If you’re selling your personality rights, make sure you understand the implications!!! Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. ” Unfortunately, that relationship did not go well. Esquared Hosp. ,

Copyright 144

Copyright Social Media Copying Blogging 144

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] iv] The Copyrights Act, 1957. [v]

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

Selvam & Selvam Blog

APRIL 5, 2022

We have come across many instances where Indian celebrities have registered their names and/or their signatures as a trademark. Accordingly, any unauthorized use of any kind of logo or symbol associated with any event, can make a case of trademark infringement. Personality Rights. Tata Tea Ltd (CS no.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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. Puttaswamy v.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

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

AUGUST 26, 2024

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

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

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? Under this Act, Sec.

Brands 98

Brands Branding Branding Personality Rights 98

SpicyIP

JULY 17, 2023

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. Case Summaries Calcutta High Court restrains the defendant from infringing the unregistered trademark of the respondent Case: Usco S.P.A. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Selvam & Selvam Blog

MARCH 28, 2022

Fantasy Sports and Trademarks. One of the most glaring problems that trademark owners of high-profile sporting leagues and sports teams face today is the piracy of their trademarks. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

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

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

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. In my opinion, there has never been any talk of such works, because that would be the same as talking about non-distinctive trademarks.

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v. First, in Toyota v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 59

Personality Rights Fair Use Privacy Marketing 59

SpicyIP

OCTOBER 29, 2024

Alleging infringement of his moral rights, misappropriation of his personality rights, defamation, unfair competition, and passing off, Manchu filed the present suit seeking directions from the Court to take down the content by these Youtubers and John Doe(s).

Personality Rights 104

Personality Rights Moral Rights Privacy Intellectual Property Law 104

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

JUNE 17, 2024

Highlights of the Week Initial Interest Confusion Clash: Forest Essentials Battles Baby Forest at the DHC Image from here Is it still trademark infringement if confusion regarding similar marks doesn’t carry on through to the completion of a transaction? Drop a comment below to let us know. Under Armour v.

Design 59

Design Designs Trademark IP 59

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

SEPTEMBER 15, 2024

Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights Bringing the dead back from their grave? The suit was transferred to the Commercial Court, which granted an ex-parte ad-interim injunction in 2018, restraining the defendants from using the impugned trademarks.

Trademark 77

Trademark Editing IP Copyright 77

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personality rights.

IP 105

IP Invention Patent Copyright 105