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A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company. At times a trademark may even take colour as a differentiating identifier for a business.
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 PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
The relevant sections allow the plaintiff to file a suit before a Court within whose jurisdiction he resides, carries on business or works for gain. The plaintiff, a proprietary firm, held a registered trademark (ARJUN) since 1993 and a copyright for its artisticwork, with claimed use since 1978.
Licensing It denotes that the film is based on a previously published novel, book, or artisticwork. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders.
Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personalityrights of the characters as was established in the famous caseof V.T. According to the well-settled laws of copyright, it is a blatant mutilation of the rights of an author over their works and the characters they have developed.
A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artisticworks are influenced by those that came before them. [1] 1] Even Prince, as revolutionary as he was, was influenced by the likes of James Brown, Jimi Hendrix, and others.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &
It is considered appropriate for businesses to treat trademarks as property they can protect, since they have invested labour into generating goodwill and reputation associated with a certain mark which should not be appropriated by those using deceptively similar marks. & Ors. Hindustan Coca Cola Ltd. &
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 personalityrights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? Simply none. Anil Kapoor one being the latest.
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