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. which follow and have codified legislation on publicity rights in general for sports.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

IPilogue

DECEMBER 9, 2021

However, while memes reference and communicate with one another, any changes beyond the trivial and mechanical may meet the originality threshold, even if the later work infringes the earlier. On the flip side, many companies welcome the meme-ification of their brand, because of the free publicity they receive. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

JULY 9, 2021

referring to the DM Entertainment v. But if it’s a personal right, then it obviously ceases with the individual’s demise. In DM Entertainment , Daler Mehndi had assigned all his rights and interests in his personality to the entity, DM Entertainment. Can publicity rights survive after a celebrity’s death?

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy.

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Privacy Law Intellectual Property Music 78

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 64

Personality Rights Privacy Social Media Copyright 64

SpicyIP

AUGUST 16, 2021

Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights.

Social Media 72

Social Media Personality Rights Law Branding 72

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. Citing the agreement, the defendant requested the suit to be referred to an arbitration. Sanjay Soya Private Limited v.

IP 136

IP Intellectual Property Copyright Trademark 136

Selvam & Selvam Blog

MARCH 28, 2022

Fantasy Sports refers to an area of online gaming wherein participants put together virtual teams composed of proxies of current professional players within a league and play for points and/or money. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

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Trademark Personality Rights Privacy Licensing 52

SpicyIP

MAY 20, 2024

The Court analysed the jurisprudence of comparative advertisement, ‘overall effect’ test and referred to multiple case laws to conclude that the act of the defendants mislead and disparage plaintiff’s products due to strong association of blue colour with plaintiff’s products within the public. Intergrow Brands Pvt. v Cipla Ltd.,

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

JULY 19, 2021

She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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.

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IP Copyright Trademark Intellectual Property 112

SpicyIP

JULY 10, 2024

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. and Shemaroo Entertainment Ltd. News Nation Network Pvt.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49