Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. appeared first on Technology & Marketing Law Blog. Judge Chen (of the Northern District of California) answered this question “no”. Facebook.”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

SpicyIP

FEBRUARY 10, 2024

This discourse ends with pointing out that since enforcement of IPR is the responsibility of rights holders there are civil and criminal remedies available for infringement as well as digital circumvention, the law is good as is. Is It Though?

Moral Rights 112

Moral Rights Copyright Infringement Related Rights Government 112

Nelligan Law

MARCH 25, 2025

He also understood the power of his own story, safeguarding his image through personality rights and exercising control over how his likeness was used. Rather than building companies from the ground up, he partnered with trusted firms through royalty-based agreements that scaled efficiently while protecting the integrity of his brand.

Business 52

Business Branding Brands Branding 52

Kluwer Copyright Blog

JUNE 14, 2023

The decision mirrors the recent order, in a summary judgment, of the Civil Court of first instance of Venice (Tribunale civile di Venezia) in the Vitruvian Man (Uomo Vitruviano) case commented on by Giulia Dore on this blog. 106), the instrumental use and reproduction (art. 107) and the concession fees and reproduction fees (art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

IPilogue

DECEMBER 9, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. It’s no secret that memes have taken the internet by storm. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Velocity of Content

JUNE 25, 2024

Educators are increasingly seeking culturally responsive, personalized resources to meet the diverse needs of their students and to support closing learning gaps. In Andersen’s district, “We came back in person right after COVID. But some families still chose to do more of a virtual, remote-type learning.

Copyright 98

Copyright Licensing Blogging Publishing 98

SpicyIP

SEPTEMBER 25, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Wondering what IP developments took place last week? Lokesh discusses the case in this short tidbit post.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

DECEMBER 20, 2023

As time passed, several developments happened on this front and there were brilliant posts on the blog, e.g. by Mrinalini Kochupillai , Prof. (Dr.) While there has always existed an arguable case for personality rights in India, the winning stakes have gotten higher and clearer over the years. Trivedi , Mr. Essenese Obhan.

Personality Rights 58

Personality Rights IP Licensing Copyright 58

SpicyIP

MARCH 9, 2025

Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis.

Trademark 58

Trademark Patent Copyright Patent Application 58

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

NOVEMBER 19, 2023

Here are our summaries of the blog posts published last week along with the summaries of some interesting orders from different courts. A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Anything we are missing out on?

Intellectual Property 58

Intellectual Property Journalism Patent Application Social Media 58

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

Intepat

SEPTEMBER 27, 2024

While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge. Introduction Intellectual property laws are generally divided into industrial property and copyright.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

Traverse Legal Blog

OCTOBER 24, 2024

International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” ” Your Right of Publicity, Name and Likeness A claim for violation of Right of Publicity can be either statutory or common law and varies state by state.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. La entrada A blow to image rights?:

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights?

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. The significance of the report and its issues have been extensively covered on the blog here.

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 58

Personality Rights Fair Use Privacy Marketing 58

SpicyIP

DECEMBER 27, 2024

In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh. Bharti, Aditya, Aarav, Praharsh and Yukta).

Personality Rights 58

Personality Rights Due Diligence Registering Trademarks Social Media 58

Garrigues Blog

JANUARY 21, 2025

Precisely this juxtaposition between the rights protecting freedom of expression and artistic creation and other personality rights such as honor, is the matter addressed by Supreme Court judgment no. apareci primero en Intellectual and Industrial Property Blog - Garrigues. 1426/2024, of October 29, 2024.

Art 52

Art Intellectual Property Personality Rights Blogging 52

SpicyIP

FEBRUARY 6, 2025

One place I could trace this proposition to is Novenco Building & Industry vs Xero Energy Engineering Solutions , a case discussed by Samridhi previously in the blog. Copyright in fictional characters has been extensively discussed in the blog. Interestingly, they have also been subject to protection under personality rights.

Copyright 58

Copyright Intellectual Property Copyright Infringement Trademark Law 58

Intepat

OCTOBER 28, 2024

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. Issues Pertaining to the Use of NFTs in Copyright Firstly, there is no legislation to regulate the NFTs in India.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

OCTOBER 2, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Image Rights Alright—But Can They Trump Established Rights and Doctrines? Wondering what IP developments took place last week? Should They? Read the post by Prof.

Licensing 58

Licensing Trademark Intellectual Property IP 58

IP and Legal Filings

DECEMBER 6, 2023

Emerging Trends in Publicity Rights in India : An Analysis Under the Intellectual Property Laws in India, 2 CMET (2015) 74 Zacchini v. Publicity Rights and the Right to Privacy in India, 31.1 06-10.305, [link] Publicity Right in India: A Misconception! Scripps Howard Broadcasting Co., 53 L Ed 2d 965 : 433 US 5624 (1977).

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? For more details, read their announcement on the blog. Md Sabeeh Ahmad shares his review of the book below.

Trademark 76

Trademark Editing IP Copyright 76

SpicyIP

DECEMBER 6, 2024

Finally, I will discuss the impact of the Will on Posthumous rights and finally, what is the relevance of the desire expressed byindividuals in their Will with regard to the use of their name, image, or likeness after their death. Even though the Late M.S Property or Tort, or Does It Even Matter?

Privacy 58

Privacy Music Law Personality Rights 58

SpicyIP

DECEMBER 31, 2024

T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personality rights. The legislation has previously been extensively discussed on the blog.

IP 105

IP Invention Patent Copyright 105