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The Bombay High Court order of 7th March 2025, making the interim injunction in favour of Karan Johar absolute, has added more fuel to the fire of the debate over personalityrights protection. However, it has become more common to uphold these rights without thoroughly reasoning each decision, and this case is an example of that.
& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personalityrights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for PersonalityRights? India Pride Advisory Private Ltd. &
However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. For example, can personalityrights be viewed as an extension of the right to privacy?
The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personalityrights against the unauthorised use of their voices by AI tools. In the UK , there isn’t a standalone right of publicity, which means that voice actors have limited control over how their voices are used commercially.
Explaining why and how such seemingly innocuous posts infringe on the shooter’s personalityrights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.
Though boxing built his name, it was business and branding that cemented his legend. Foreman turned his name into a powerful brand, protected by an extensive network of trademarks and licensing agreements. It was another example of his long-standing commitment to protecting and leveraging the value of his personalbrand.
Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! We are delighted to announce the results of the 2024 Shamnad Basheer Essay Competition on IP Law. PART I] PersonalityRights in Spotlight Once More!: PART II] PersonalityRights in Spotlight Once More!:
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.
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. ISSN:1583-6258, Vol. 25, Issue6, 2021 ● [link] ● [link] ● [link] -mika-singh-and-ors.html Author: Aratrika Manhas, B.A.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. The post covers the prevailing precedents on the matter. You can read our posts on the report here , here , here , here and here.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Anything we are missing out on?
Comparing the approaches of the Courts vis a vis personalityrights 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 personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
Team Chloe includes attorneys of record from three different law firms. If you’re selling your personalityrights, make sure you understand the implications!!! Because copyright law lets me, I’m reproducing the dog treats recipe below. Book Review: “The Little Book of Foodie Law”. Esquared Hosp. ,
Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India.
While AI-related copyright issues are still rather novel and mostly unexplored from a legal perspective, the music group is convinced it has the law on its side. In its letter the BPI gave the voice cloning site the option to respond and avoid legal action but thus far the BPI remains dissatisfied.
Additionally, a name is a crucial element of personalbranding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.
With the emergence of Intellectual Property as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws.
Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]
Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personalityrights in the underlying images. Shayna Jan is a 3L J.D.
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. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.
The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).
Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.
PersonalBranding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights. The implications of the Right of Publicity. Let’s start by discussing personalbranding. What is the Right of Publicity?
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.
Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personalityrights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.
It is important that the rights of the individual athlete or the team can be protected. In sports, a chain of title has relevance within their agreement, which includes the release of the athletes talents so that their talent can be branded for profit. Within India, the sports market is able to thrive due to the extensive laws.
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.
Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.
Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personalityrights in India. Topps Chewing Gum Inc. [2] Rajagopal v.
Prevents Commercial Gain: Prevents others from profiting from using a person’s identity without permission. Enforced by Law: Individuals can take legal action against those who violate their right of publicity. State Variations: The right of publicity is recognized in most U.S. 3d 1268, 1273 n. 4 (9th Cir.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. 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. from Duke University in 2019.
This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.
Right of Publicity: Post Mortem? . India does not have codified law for publicity rights and the precedents are the only way to understand its origin, nature and scope. For establishing infringement of the right of publicity, certain requirements need to be fulfilled which have been given in Titan Industries v.
In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. 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.
Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. Intergrow Brands Pvt. Anything we are missing out on?
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. Pharmacyclics LLC & Anr. vs Hetero Labs Limited & Ors.
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. Bolt Technology v. First, in Toyota v.
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 Kerala High Court had recognised a petitioner’s right to privacy and reputation while seeking the removal of their name from judgments published on IndianKanoon.
Background Ferrari used the Testa Rossa brand for a front-engine race car in the 1950s. For decades, the applicant has been in trade mark disputes with car manufacturers, particularly over licensing claims due to the reproduction of the car manufacturers brands on model cars.
Sumedh is a second-year law student enrolled at the National University of Juridical Sciences (NUJS). He is interested in intellectual property, tech law, and policy. Here the courts must look to balance the rights of the trademark holder along with the rights of those creating expressive work that has unauthorized use of trademarks.
He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? Publicity rights, on the other hand, primarily benefit those who are already successful and wealthy.
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