SpicyIP

MARCH 30, 2025

Further, he questions whether even a Text Data Mining Exception is required in the Indian Copyright Act. Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! We are delighted to announce the results of the 2024 Shamnad Basheer Essay Competition on IP Law.

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

Intepat

NOVEMBER 4, 2024

Data Privacy The recent uproar for some stringent data privacy laws stems from the frequent leaks and breaches of individuals’ personal data and the risk of its misuse. Data protection laws aim to safeguard raw personal data and require consent-based processing of this data for legitimate purposes. Rajagopal v.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

SpicyIP

FEBRUARY 10, 2024

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Whether the government plans to amend the Copyright Act of 1957 to update copyright laws to cover AI-generated content.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

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.

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Personality Rights Editing Trademark Blogging 45

SpicyIP

JANUARY 13, 2025

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 Personality Rights cases. Anything we are missing out on?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

SpicyIP

FEBRUARY 17, 2025

Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated. India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets.

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Trademark Copyright Registration Personality Rights 59

Technology & Marketing Law Blog

DECEMBER 27, 2021

Team Chloe includes attorneys of record from three different law firms. Yet, none of them successfully discouraged a copyright claim over recipes… Carly Ann Kessler , Oppenheim & Zebrak, LLP [she changed her name to Carly Kessler Rothman]. Because copyright law lets me, I’m reproducing the dog treats recipe below.

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Copyright Social Media Copying Blogging 144

TorrentFreak

MARCH 20, 2024

After the RIAA put a spotlight on Voicify, the BPI maintained the pressure in a letter to the site’s operators, urging them to stop all copyright-infringing activity. While AI-related copyright issues are still rather novel and mostly unexplored from a legal perspective, the music group is convinced it has the law on its side.

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Music Copyright Personality Rights Technology 124

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Current State of the Law on Tattoo Designs.

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Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India. Read the post for more details.

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Trademark Patent Copyright Patent Application 59

SpicyIP

SEPTEMBER 25, 2023

SpicyIP Tidbit: Acquiesce, Copyright Infringement, and Pending Suits in Trial Courts: Highlighting SC’s Recent Remarks The Supreme Court while dealing with passing off and acquiescence in a copyright matter, urged the members of the Bar to cooperate with trial courts which are struggling with a huge pile of pending cases.

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights 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 personality rights. Read on below to know more.

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Trademark Personality Rights Registration Business 104

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. Is Infringement Even Possible Then? 3(1) of the Copyright Act , only rightsholders can reproduce their work or “any substantial part thereof.” 29 of the Copyright Act ).

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Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Intepat

DECEMBER 26, 2023

student from Hidayatullah National Law University. Protection of IPR by AI Intellectual Property Law with relation to Artificial Intelligence , plays a crucial role in safeguarding intellectual property by employing algorithms and content matching to detect infringing works. *Written by Narendra Rathia, a 4th Year B.A.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IIPRD

AUGUST 11, 2023

Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T.

Art 52

Art IP Intellectual Property Copyright 52

Intepat

SEPTEMBER 27, 2024

Introduction Intellectual property laws are generally divided into industrial property and copyright. While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge. certain acts that do not constitute copyright infringement.

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Intellectual Property Publishing Copyright Law Copyright 52

Traverse Legal Blog

OCTOBER 24, 2024

Somewhat related to a claim of copyright infringement (and often preempted by such a claim – more on that later), is the claim for Right of Publicity. While sometimes available to any individual , Right of Publicity is typically aimed at protecting the name or likeness of famous individuals. 3d 1134, 1145 (9th Cir.

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Social Media Copyright Infringement Copyright Law 98

IP and Legal Filings

OCTOBER 11, 2022

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 Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

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Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

JULY 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. A copyright holder has the exclusive right to communicate his work to the public and as the plaintiff’s sound recordings were used without authorisation, copyright infringement could be easily proved.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

DECEMBER 29, 2024

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.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

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Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. on 18 December, 2023 (Delhi High Court) This suit for copyright infringement by was filed by Bentley Systems Inc.

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Universal City Studios LLC and Ors v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

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IP Intellectual Property Trademark Copyright 143

SpicyIP

DECEMBER 27, 2024

student at Hidayatullah National Law University, Raipur. In recent times, the Delhi High Court has been spewing out decisions involving the Personality Rights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.

Personality Rights 59

Personality Rights Due Diligence Registering Trademarks Social Media 59

SpicyIP

FEBRUARY 6, 2025

There have been two important developments after the parties filed their respective pleadings before the Madras High Court on the issue of copyright infringement involving the alleged unauthorized use of behind-the-scenes clips. Copyright in fictional characters has been extensively discussed in the blog.

Copyright 59

Copyright Intellectual Property Copyright Infringement Trademark Law 59

SpicyIP

JULY 10, 2024

In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

SpicyIP

OCTOBER 2, 2023

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?

Licensing 59

Licensing Trademark Intellectual Property IP 59

SpicyIP

JUNE 17, 2024

Recognizing Karan Johar’s personality rights, the Bombay High Court grants an interim injunction to the director, restraining the release of the film “Shaadi ke Director Karan aur Johar”. JR Apparel files a trademark infringement suit against Drake for infringing its “Members Only” mark.

Designs 59

Designs Design Trademark IP 59

SpicyIP

SEPTEMBER 15, 2024

Here is our recap of last week’s top IP developments including summary of the posts on posthumous rights of artists, and book reviews of “Modern Law of Copyright in Singapore” and “Overlapping Intellectual Property Rights (2 nd Ed.). Thom Browne wins the three stripes IP infringement law suit against Adidas in Germany.

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Trademark Editing IP Copyright 77

IP and Legal Filings

DECEMBER 6, 2023

Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. In another case of Indian Performing Rights Society v.

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Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

With the number of developments happening, were bound to have missed some important developments, but weve done our best to include developments from different parts of the country, as well as different areas of IP law!Are Check IPRment Laws post on this decision for a detailed discussion) The judgement was passed by Justice R.

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