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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.
However, the order was brief and did not specify any statutory or common law basis for the protection of personalityrights, merely citing Titan Industries as precedent. For example, can personalityrights be viewed as an extension of the right to privacy? Spelling-Goldberg Prods., In Gautam Gambhir v.
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. Moreover, both in the EU and the US, privacy laws also come into play alongside intellectual property protections.
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.
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. Image from here Manu Bhaker’s Olympics Victory: Do Brands Violate Publicity Rights by Putting out Congratulatory Posts?
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, Govt. Michael Madow, Akshat Agrawal in this three part post lists out where the justifications for these rights fall flat. This and a lot more in this week’s SpicyIP Weekly Review.
Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.
In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. However, the existing legislations do not seem fully equipped to address the complexities of the advent of artificial intelligence in the media.
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 personalityrights.
Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personalityrights through the use of AI. The boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable images, voices, signatures, photograph and even personae.
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 privacyrights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].
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.
This very curiosity of the people results in the media exploiting their freedom of speech and infringing upon the rights of the celebrities by capitalizing on their name and fame that they have toiled day and night to achieve. But it is not incumbent for a celebrity to be a performer for them to be entitled to protection of their rights.
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).
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 personalbrand.
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.
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.
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.”
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.
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 privacyright. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales.
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]
What are Publicity Rights? Publicity rights or personalityrights are rights of an individual to control the commercial usage of their identities, such as name, image, voice, and any similar characteristics. 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.
Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.
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 personalityrights.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personalbrands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.
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. Previously , the right had been discussed in the context of individual’s names appearing in judgments.
Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personalityrights to potential abuse and jeopardizes their career and livelihood.
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