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

Intepat

NOVEMBER 4, 2024

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 personality rights, seek to protect the personal data of celebrities from potential misuse. Rajagopal v. State of Tamil Nadu.

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. The Indian courts have shown proactive measures in restraining the misuse of AI tools for copyright infringement.

Moral Rights 113

Moral Rights Copyright Infringement Related Rights Government 113

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

on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personality rights 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.

Trademark 59

Trademark Copyright Registration Personality Rights 59

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. The USTR did not include the site in its report, however, and Voicify continued its operations as usual.

Music 126

Music Copyright Personality Rights Technology 126

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

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Why Are Pizzerias Arguing Whether Web Browsing Is Copyright Infringement?–Imapizza Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Case citation : Coscarelli v. Esquared Hosp. , Imapizza v.

Copyright 144

Copyright Social Media Copying Blogging 144

SpicyIP

AUGUST 27, 2021

To that end, the essay looks at the provisions and cases dealing with copyright infringement in public photography and the ‘freedom of panorama’ in the American, European, and to the extent available, Indian jurisprudence. The drawbacks in applying normative copyright defences in public photography are then explored.

Law 137

Law IP Editing Intellectual Property 137

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.

Trademark 104

Trademark Personality Rights Registration Business 104

IPilogue

NOVEMBER 17, 2021

The applicant, Indigenous artist John Bulun Bulun, sought relief for copyright infringement of a bark painting, which R & T Textiles had used on t-shirts. In 2009, the Belgian Court of Appeal was tasked with deciding whether a tattoo could be granted ownership under Belgian copyright law in JDH v JM.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

The IPKat

SEPTEMBER 4, 2024

AGA did not accept the sales of the cookers changed by the UKIG since they were no longer counted as the original AGA Cookers which led to the infringement of AGA`s trade mark rights. Furthermore, AGA also discussed a possible copyright infringement in its design.

Personality Rights 58

Personality Rights IP Copyright Art 58

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The plaintiff argued that it has obtained assignments and exclusive control over copyrights of several music labels.

Social Media 105

Social Media Trademark Licensing Music 105

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

Trademark 59

Trademark Patent Copyright Patent Application 59

IPilogue

DECEMBER 9, 2021

Is Infringement Even Possible Then? While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. 3(1) of the Copyright Act , only rightsholders can reproduce their work or “any substantial part thereof.” According to s.3(1)

Copyright 89

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. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

Intepat

DECEMBER 26, 2023

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. This aids in the efficient evaluation of patent applications.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

Velocity of Content

JUNE 25, 2024

In Andersen’s district, “We came back in person right after COVID. To support educators, school districts should have a copyright policy in place and consistently provide educational opportunities for their staff to understand the policy and the risks of copyright infringement.

Copyright 98

Copyright Licensing Blogging Publishing 98

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.

Intellectual Property 52

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.

Social Media 98

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.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

JULY 17, 2023

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 personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

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

Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyright infringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. The Peppy Stores & Ors.

Trademark 45

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.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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

Sonal Infosystems the Court held that registration of a copyright is a pre-condition for claiming relief for copyright infringement, thus reading into the legislative framework a non-existent requirement. Meher Distilleries Pvt Ltd v. Recognition of non-human inventors, AI and its implications for India.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

DECEMBER 27, 2024

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. Hence, I will touch on the question of characters, costumes and their copyrightability.

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

Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights Bringing the dead back from their grave? Jasleen Royal files a copyright infringement suit against Guru Randhawa and T-Series before the Bombay High Court. Md Sabeeh Ahmad shares his review of the book below.

Trademark 77

Trademark Editing IP Copyright 77

IP and Legal Filings

DECEMBER 6, 2023

Radha Pocket Books,the plaintiff filed a copyright infringement case against the defendant for publishing a comic book character named ‘Nagesh’. In another case of Indian Performing Rights Society v. InRaja Pocket Books v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personality rights. Or will it amount to copyright infringement of the States publishers?

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IP Invention Patent Copyright 105