IP and Legal Filings

NOVEMBER 23, 2023

Publicity rights have attracted considerable recognition in the field of intellectual property rights. Merely put, it is an individual’s right to handle the commercial use of their name, image, individuality and personal brand.

Intellectual Property 102

Intellectual Property Privacy Brands Branding 102

SpicyIP

AUGUST 2, 2024

Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?

Branding 101

Branding Branding Brands Personality Rights 101

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

Personality Rights 119

Personality Rights Reporting Social Media Brands 119

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Shayna Jan is a 3L J.D. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

AUGUST 6, 2024

Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personality rights against the unauthorised use of their voices by AI tools. Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections.

Personality Rights 93

Personality Rights Moral Rights Technology Copying 93

IP and Legal Filings

APRIL 8, 2023

These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues.

Privacy 83

Privacy Law Intellectual Property Music 83

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Trademark Blogging 45

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 67

Personality Rights Privacy Social Media Copyright 67

SpicyIP

AUGUST 26, 2024

With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy. The Personality Rights Conundrum The issue of personality rights, however, leads us to a slightly trickier terrain. Baby Gift House & Ors.

Personality Rights 104

Personality Rights Privacy Copyright Trademark 104

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 138

IP Intellectual Property Copyright Trademark 138

LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. Let’s start by discussing personal branding. What is the Right of Publicity?

Personality Rights 52

Personality Rights Branding Brands Branding 52

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

Selvam & Selvam Blog

MARCH 28, 2022

Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personal brands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

MAY 20, 2024

Highlights of the Week Announcing the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law Prof (Dr.) Intergrow Brands Pvt. This and much more in last week’s SpicyIP Weekly Review. Anything we are missing out on? Drop a comment below to let us know. Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JULY 10, 2024

He is interested in intellectual property, tech law, and policy. Hussain Dalal , the Delhi High Court held that a dialogue in the movie ‘Yeh Jawaani Hai Deewani’ which incidentally comments on Roohafza has the potential to tarnish the reputation of the Roohafza brand and hence must be edited out before releasing the home video version.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. The suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 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 115

IP Copyright Trademark Intellectual Property 115