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.

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Intellectual Property Registration Trademark Personality Rights 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. Image from here Kia Wang vs The Registrar of Trademarks & Anr. Wondering what IP developments took place last week? Lokesh discusses the case in this short tidbit post. Emami Ltd.

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Cease and Desist Copyright Infringement Invention Social Media 105

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.

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Copyright Artistic Work Copying Intellectual Property 89

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.

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Personality Rights IP Licensing Copyright 58

IPilogue

NOVEMBER 17, 2021

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 trademark law. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

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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?

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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

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? Under this Act, Sec. The definition clause under Sec. Additionally, Sec.

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Brands Branding 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.

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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.

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Registration Trademark Copyright Registering Trademarks 52

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. The case was discussed on the blog here.

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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.

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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

SpicyIP

FEBRUARY 6, 2025

When it discusses whether the suit contemplates any urgent interim relief, the Court, at two places in the judgement, borrows language and factors from Trademark law 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.

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Copyright Intellectual Property Copyright Infringement Trademark Law 58

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. Other Posts Not Everyone’s Cup of “Use” – The Changing Dynamics of “Trademark Use” and “Infringement” in Internet Advertising Image from here Google adwords as trademarks.

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Licensing Trademark Intellectual Property IP 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

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. ” at his shop. Landmark Traders Pvt.

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Trademark Editing IP Copyright 76

IP and Legal Filings

DECEMBER 6, 2023

Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. Publicity Rights and the Right to Privacy in India, 31.1

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Privacy Intellectual Property Law Intellectual Property Advertising 105

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.

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IP Invention Patent Copyright 105