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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? In Gautam Gambhir v. D.A.P & Co. &
Codible Ventures LLP that has initiated a judicial discussion on the protection of artists’ personalityrights against the unauthorised use of their voices by AI tools. This decision is likely to influence future legal standards on personalityrights and the application of emerging technologies.
However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
Somewhat related to a claim of copyrightinfringement (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.
The plaintiff sued the defendant before the District Court of Hamburg arguing that the display of its photographs on Google constituted copyrightinfringement. The decisive question was if copyrightinfringement required a commercial effect of the contested use in Germany and if such a commercial effect existed in the present case.
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.
Recently, a copyrightinfringement 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, copyrightinfringement could be easily proved.
on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personalityrightsinfringement 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.
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. Is Infringement Even Possible Then? One defence to copyrightinfringement is fair dealing for the purpose of parody or satire ( s.29
Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. 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. 3(1)(g) TMD2 to the CJEU.
Citing the agreement, the defendant requested the suit to be referred to an arbitration. In this case, the Bombay High Court ruled that registration of copyright is not mandatory for obtaining relief in an infringement action. However, later the defendant served a termination notice against which the plaintiff filed this suit.
Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyrightinfringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.
Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention. student from Hidayatullah National Law University. This aids in the efficient evaluation of patent applications.
[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.
Image Sources: Shutterstock] ‘Donjishi’ is another form of copyrightinfringement of a manga creator. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personalityrights of the characters as was established in the famous caseof V.T.
Bentley Systems Inc & Anr vs Pnc Infratech Limited & Ors on 13 May, 2024 (Delhi High Court) The plaintiff instituted the present copyrightinfringement suit against the defendant for continuing to use the plaintiff’s software after the expiry of its license. emphasizing on person skilled in the art. v Cipla Ltd.,
There have been two important developments after the parties filed their respective pleadings before the Madras High Court on the issue of copyrightinfringement involving the alleged unauthorized use of behind-the-scenes clips. Hence, I will touch on the question of characters, costumes and their copyrightability.
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 personalityrights. Or will it amount to copyrightinfringement of the States publishers?
Radha Pocket Books,the plaintiff filed a copyrightinfringement 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. RFMLR (2018) 1 Titan Industries Limited v.
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 copyrightinfringement. News Nation Network Pvt.
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