IP and Legal Filings

FEBRUARY 17, 2025

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. Therefore, the personality of the player becomes a brand in itself.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

SpicyIP

NOVEMBER 11, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?

Personality Rights 104

Personality Rights Trademark Social Media Government 104

IP and Legal Filings

AUGUST 26, 2024

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 personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

Selvam & Selvam Blog

MAY 28, 2024

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

Nelligan Law

MARCH 25, 2025

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 personal brand.

Business 52

Business Branding Branding Brands 52

Traverse Legal Blog

OCTOBER 24, 2024

International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” ” Your Right of Publicity, Name and Likeness A claim for violation of Right of Publicity can be either statutory or common law and varies state by state.

Social Media 98

Social Media Copyright Infringement Copyright Law 98

SpicyIP

NOVEMBER 3, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

SpicyIP

MARCH 30, 2025

PART I] Personality Rights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personality rights? PART II] Personality Rights in Spotlight Once More!: Anything we are missing out on? vs. Vishal & Anr.

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

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 Blogging Trademark 45

SpicyIP

JANUARY 13, 2025

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 Personality Rights cases. Anything we are missing out on?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

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 Branding 119

SpicyIP

JULY 9, 2021

This question is quite relevant in the context of posthumous application of publicity rights. 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.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

Intepat

MAY 16, 2023

What are Publicity Rights? Publicity rights or personality rights are rights of an individual to control the commercial usage of their identities, such as name, image, voice, and any similar characteristics. However, for the purpose of public education, the characteristics may be used.

Branding 98

Branding Brands Branding Personality Rights 98

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 143

IP Intellectual Property Trademark Copyright 143

SpicyIP

MARCH 9, 2025

Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.”

Trademark 59

Trademark Patent Patent Application Copyright 59

TorrentFreak

MARCH 20, 2024

Jammable is just one worrying example of AI developers encroaching on the personal rights of music creators for their own financial gain,” Musicians’ Union General Secretary Naomi Pohl says.

Music 127

Music Copyright Personality Rights Technology 127

IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. On the flip side, many companies welcome the meme-ification of their brand, because of the free publicity they receive. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, 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.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

SEPTEMBER 19, 2022

Wanjiru argued that the motive of using the photograph was commercial gain seeing as people would pay to take the advertised courses and that the use of her image resulted in people assuming that there was an employment or a brand ambassador contract between the parties when there was none.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Food Tastes Better When Branded “McDonalds”. Her inability to control social media accounts referencing her reminded me of the Hayley Paige Gutman litigation , and I will say more about this issue when I blog the JW Dant bourbon case.

Copyright 144

Copyright Social Media Copying Blogging 144

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 105

Intellectual Property Privacy Branding Branding 105

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 Branding Brands 52

The IPKat

MAY 29, 2023

Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights. The hypothetical for this chapter is the case of paparazzi taking a picture of a celebrity and selling it for merchandising use. The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Olartemoure Blog

JULY 17, 2024

For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights. Conversely, some brands might embrace tattoo culture as a form of fan expression and brand loyalty, navigating the fine line between infringement and endorsement.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

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

SEPTEMBER 25, 2023

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 personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

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

SpicyIP

AUGUST 4, 2024

Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts? Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights.

Social Media 105

Social Media Trademark Licensing Music 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

IP and Legal Filings

APRIL 8, 2023

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.

Privacy 98

Privacy Law Intellectual Property Music 98

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 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 20, 2024

Intergrow Brands Pvt. on 15 May, 2024 (Delhi High Court) Image from here The present suit was filed by the plaintiff, a Hindi film actor, alleging infringement of his personality rights, trademarks, and copyright by different defendants. The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 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 92

Personality Rights Privacy Social Media Intellectual Property 92

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Pharmacyclics LLC & Anr. vs Hetero Labs Limited & Ors.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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

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