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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? Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary.
Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. The significance of the report and its issues have been extensively covered on the blog here.
[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 personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
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 personalityrights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
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. In 2009, the Belgian Court of Appeal was tasked with deciding whether a tattoo could be granted ownership under Belgian copyright law in JDH v JM.
When it discusses whether the suit contemplates any urgent interim relief, the Court, at two places in the judgement, borrows language and factors from Trademarklaw to justify the need for urgent interim relief in a suit involving Copyright infringement. Copyright in fictional characters has been extensively discussed in the blog.
Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademarklaw and thatcelebrity is entitled to use his name for commercial purposes.
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 personalityrights. The legislation has previously been extensively discussed on the blog.
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