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

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 105

Intellectual Property Privacy Brands Branding 105

IP and Legal Filings

APRIL 10, 2025

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.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

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 58

Trademark Patent Copyright Patent Application 58

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

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.

Privacy 98

Privacy Law Intellectual Property Music 98

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights 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.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

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

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

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

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, Indian law has indirect references for the protection of publicity rights.

Brands 98

Brands Branding Branding 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 71

Social Media Personality Rights Law Brands 71

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

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

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’.

Trademark 52

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 Invention 45

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

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 143

IP Intellectual Property Copyright Trademark 143

The IPKat

FEBRUARY 17, 2025

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. This was considered sufficient to distinguish the cases.

Registration 59

Registration Licensing Brands Branding 59

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

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 63

Privacy False Advertising Personality Rights Brands 63