This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
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.
Introduction Personalityrights 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.
A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company. At times a trademark may even take colour as a differentiating identifier for a business.
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] Rajagopal v.
Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
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 personalityrights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.
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 PersonalityRights cases. Anything we are missing out on?
Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.
We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personalityrights. The plaintiff further argued that he was the lawful successor to the personalityrights of the late actor. Her area of interest lies in IP and corporate law.
However, the protection, enjoyment, and enhancement of Europe’s cultural heritage is far from being merely national business. Tschider € 195 Managing Copyright: Emerging Business Models in the Individual and Collective Management of Rights by Rudolf Leška € 93
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.
The plaintiffs alleged that the defendants are unknown individuals or entities (referred to as ‘John Doe,’) who are unauthorizedly misusing the plaintiff’s trademarks “FEDERATED HERMES” and logo to operate a fraudulent investment and stock trading business.
This exception allows generic manufacturers to conduct research using patented drugs, so that as soon as the term of the patent expires, the generic manufacturer can launch alternatives, thus taking the right step forward towards ensuring larger access to cheap generic alternatives. Novex Communications Pvt Ltd v. Tata Sons Private Limited v.
Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? PersonalRights vs. Property Rights. The implications of the Right of Publicity. What is the Right of Publicity? PersonalRights vs. Property Rights.
Image Sources : iStock] An arbitration as an alternative dispute resolution technique, efficient and effective method of resolving disputes, particularly business issues. It should be emphasised, however, that these clauses do not specifically preclude arbitration, and issues relating in personalrights are arbitrable.
The relevant sections allow the plaintiff to file a suit before a Court within whose jurisdiction he resides, carries on business or works for gain. Bharathwaj Ramakrishnan discusses this issue. Veekesy Rubber Industries Pvt Ltd. Previously the Court had issued an interim injunction and via this order, the Court refused to lift the same.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. As they were in the same business line, the Court considered it fair to retrain the defendant from using the impugned mark ‘JPM’ or any other related marks and passed the present ex parte ad interim injunction order.
Detection of Copyright Infringement: AI systems contribute to the identification of copyright infringement by comparing the elements of a work, assisting in the proactive protection of intellectual property rights.
These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders.
It responds to changes in investment frameworks and business and enterprise operations. Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personalityrights, among others.
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’.
Today, it is a crucial medium for conducting commercial activities and has transformed the way people communicate, share information, and conduct business. This scarcity arises because domain names serve as a means of identifying and distinguishing a particular business or individual. Montari Industries Ltd. [2]
In Andersen’s district, “We came back in personright after COVID. In an already busy instructional year, it is a challenge to find the time to evaluate content, secure permissions to use copyrighted content, and then prepare for lessons. But some families still chose to do more of a virtual, remote-type learning.
Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personalityrights of the characters as was established in the famous caseof V.T. There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use.
[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.
5] Conversely, the Brazilian system is primarily rooted in personalityrights, particularly human dignity as a constitutional basis to the Brazilian constitutional order, which is expressed by four different fundamental rights: (i) freedom, (ii) equality, (iii) physical and psychological integrity, and (iv) dignity stricto sensu. [6]
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.
Recently, the courts have also recognized the commercial right over one’s personal data as a part of intellectual property rights. These commercial rights, also known as personalityrights, seek to protect the personal data of celebrities from potential misuse. Rajagopal v. State of Tamil Nadu.
PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s PersonalityRights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personalityrights. Read on below to know more.
Pandemic Push: Royalty-Based Business Model for Better Downstream Revenue for Musicians. She emphasises that there exists the possibility of only big artists in the industry being able to cash in on this, as it generally tends to happen with any such new technology or business model. Other Posts. Other News from Around the World.
are typically objected to on the grounds of personalityrights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Conflicts on unauthorized biopics (for example, Fred Astaire , Gene Kelly , Sushant Singh Rajput ), unreleased works, endorsements, holographic tributes etc.,
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personalityrights, which encompass moral rights. The right of attribution is particularly important for photographers and their licensees.
It’s now wait-and-see how it pans out… In February , Namibian Business and Intellectual Property Authority (BIPA) advised that they are in the process of finalizing a new legal framework for copyright protection in Namibia, which would see the repeal of the Copyright and Neighbouring Rights Act 6 of 1994.
Already enacted and practically significant , but legally non-binding is the “Personal Information Security Specification” of 2020, which similarly categorises “facial recognition features” as sensitive personal information and requires explicit, unbundled consent and specific security measures.
It touches upon many aspects like inclusivity from the perspective of communities, minorities, and individuals as well as the relationship between inclusivity and IP rights as seen from micro, SMEs, and big business.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &
Pirates, rogue, flagrantly infringing online locations (Singapore), infringement-based business models. A: interesting but not important b/c pirates move on so quickly that an 18 month period is 5 business models. Authors’ rights are designed to protect that intellectual and emotional bond. How do you ID the bad guys?
He dreamed of being in the film and TV business and wanted to study in the United States, close to LA. Is my view of copyrights and business in general as naive as it was back then? This was a time that old school business models met new emerging technologies. That never really took off. But overall, in short, yeah, I am proud.
The plaintiff was in the business of publishing and distributing the comic series title ‘Nagraj’ in which the character Nagraj normally wears a green colour body stocking giving the impression of serpentine skin and red trunks with a belt that appears to be a snake. InRaja Pocket Books v.
Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous PersonalityRights Bringing the dead back from their grave? Md Sabeeh Ahmad shares his review of the book below.
It is considered appropriate for businesses to treat trademarks as property they can protect, since they have invested labour into generating goodwill and reputation associated with a certain mark which should not be appropriated by those using deceptively similar marks. & Ors. Hindustan Coca Cola Ltd. &
In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personalityrights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? Simply none. Anil Kapoor one being the latest.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content