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The internet era has lead to an increase of IP in the sports sphere, but has also lead to negative aspects such as cybersquatting, which although does not have a specific remedy, can be quashed using existing trademarklaw. The Indian law also provides extensive remedies against infringement and unauthorised usage.
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 Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademarklaw. Current State of the Law on Tattoo Designs. Their application was granted in 1997. Collective Ownership Over Cultural Artwork. Of note, in DRG Inc.
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.
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