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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.
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.
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, 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?
Her inability to control socialmedia 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. If you’re selling your personalityrights, make sure you understand the implications!!! Case citation : Coscarelli v.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
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.
(CNR Number: KLTV010019372021) The reason for filing the suit was that certain unknown people had posted without authorisation original sound recordings created by Vempati Ravi Shankar (the plaintiff’s late husband) on the defendant’s socialmedia platforms – Facebook and Instagram. Are they personalrights or property?
A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various socialmedia platforms and many people fell into this trap. Subsequently, Amitabh Bachchan filed a suit in the court claiming a violation of publicity rights. What are 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. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.
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 personalityrights. The defendants misrepresented themselves to be an extension of the plaintiff.
The power of the internet, in particular that of socialmedia is humungous. When used strategically, socialmedia becomes one of the most powerful tools of digital marketing. With the evolution of socialmedia, the concept of moment marketing has also become increasingly common. PersonalityRights.
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.
[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 personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
International Variations: Similar rights exist in other countries, often referred to as “personalityrights” 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.
The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on socialmedia. Intergrow Brands Pvt. Ltd vs Wipro Enterprises Private Limited on 10 May, 2024 (Kerala High Court) The present hearing was against an ad hoc interim injunction passed by a District Court.
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.
Brands have been active on socialmedia in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. It is also reported that Baseline Ventures is sending out notices to the brands that did so. Satchit Bhogle.
This may become tricky in the context of socialmedia, as memes only become popular by copying and reposting. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personalityrights in the underlying images. Is Infringement Even Possible Then? According to s.3(1)
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