IP and Legal Filings

APRIL 8, 2023

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.

Privacy 94

Privacy Law Intellectual Property Music 94

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

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 103

Personality Rights Privacy Copyright Trademark 103

SpicyIP

JULY 9, 2021

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.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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 Brands 52

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. 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.

Personality Rights 82

Personality Rights Trademark Social Media Patent Law 82

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. 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

Brands 98

Brands Branding Branding Personality Rights 98

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 Brands 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

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. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 138

IP Intellectual Property Copyright Trademark 138

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

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 78

Personality Rights Privacy Social Media Copyright 78

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

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 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.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

The IPKat

MAY 29, 2023

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).

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 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

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

NOVEMBER 8, 2024

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 personality rights to potential abuse and jeopardizes their career and livelihood.

Privacy 64

Privacy False Advertising Personality Rights Branding 64