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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.
The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademarklaw. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.
Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyrightlaws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection.
In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personalityrights.
Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary.
Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. The significance of the report and its issues have been extensively covered on the blog here.
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, copyrightlaw etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v.
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.
These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyrightlaws.
There is one titled “Overlaps between Copyright, Rights of Publicity, and PersonalityRights” authored by Tyler T. The chapter is, for the most part, a jurisdictional study on the overlap between copyright, publicity, rights, and personalityrights.
Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyrightlaw etc. The decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personalityrights.
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