SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”).

Personality Rights 110

Personality Rights Privacy Copyright Trademark 110

Intepat

NOVEMBER 4, 2024

When AI relies on extensive datasets, questions around the ownership, control, and protection of both personal and IP-related data become critical. AI’s capacity to generate content, inventions, and insights from this data intensifies concerns, not only about ownership but also about copyright and trade secrets. 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 112

Moral Rights Copyright Infringement Related Rights Government 112

IPilogue

DECEMBER 9, 2021

Copyrighting a Meme. In Canada, copyright protection is afforded to every original literary, dramatic, musical, and artistic work that is fixed. The next component to copyright is authorship. Another key component of copyright , is originality: the work must be more than a mere copy ( CCH Canadian Ltd v. Authorship.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

SpicyIP

FEBRUARY 17, 2025

[Thanks to Aditi, Khushi and Sudhanshu for the case summaries] Here is our recap of last weeks top IP developments including summary of the posts on the ANI vs OpenAI copyright case, CGPDTMs office being moved to Delhi, and exemption under Section 107A of the Patents Act. Highlights of the Week ANI vs OpenAI: Indias Copyright Act is outdated.

Trademark 58

Trademark Copyright Registration Personality Rights 58

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

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

TorrentFreak

MARCH 20, 2024

This technology, which partly relies on copyrighted recordings, has been controversial for a while. 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. In a recommendation to the U.S.

Music 127

Music Copyright Personality Rights Technology 127

SpicyIP

AUGUST 27, 2021

This is achieved by understanding the parallels between publicity right and trademark law. Further, the application of a publicity right requires checks and balances which is explained through exceptions derived from copyright law. The drawbacks in applying normative copyright defences in public photography are then explored.

Law 136

Law IP Editing Intellectual Property 136

IPilogue

NOVEMBER 17, 2021

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 copyright laws. Of note, in DRG Inc.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

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.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

MARCH 9, 2025

ANI vs OpenAI: Why Delhi High Court Has Jurisdiction While OpenAI has argued that the DHC does not have jurisdiction to entertain the suit filed by ANI, a close look at the Copyright Act and CPC says otherwise. Consequently, the plaintiffs’ claims for infringement, passing off, and damages were rejected.

Trademark 58

Trademark Patent Copyright Patent Application 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. Suno admits using copyright music to train its AI model but claims it as fair use.

Social Media 105

Social Media Trademark Licensing Music 105

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 59

Personality Rights IP Copyright Art 59

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

Velocity of Content

JUNE 25, 2024

In Andersen’s district, “We came back in person right 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. In doing so districts need to ask, “what about copyright?”

Copyright 98

Copyright Licensing Blogging Publishing 98

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. Instances of AI-related infringement include platforms like Github Copilot, Open AI, Deviant Art etc.,

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

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 58

Personality Rights IP Licensing Copyright 58

IIPRD

AUGUST 11, 2023

However, the US Court has held Napster [2] , which was a file-sharing platform as well, guilty of infringing copyrighted materials and was denied the defence of fair use. Image Sources: Shutterstock] ‘Donjishi’ is another form of copyright infringement of a manga creator. For content piracy, Takeshobo Inc.,

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. Rameshwari Photocopy Services & Anr.

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 9, 2021

Recently, a copyright infringement suit had been filed before the District Court, Trivandrum, against Facebook India. Being his sole legal heir, the copyright in these works is held by Sweety Priyanka Vempati Ravi Shankar. The Right to Integrity. Celebrity Rights as Property? Image from here.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

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

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 Court restrained defendant no. M/s Vans Inc.

Trademark 45

Trademark Advertising Advertising Invention 45

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

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

Registration 52

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. While delineating the rights of the parties, the Court held that R.D Thus clarifying that copyright in the screenplay exists independently of the copyright in the film.

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 Indian Performing Right Society Limited (IPRS) v. Both suits were filed before the 2012 amendment to the Copyright Act. Piyush Subhashbhai Ranipa v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

FEBRUARY 6, 2025

Naanum Rowdy Dhaan poster , Image taken from here Tamil film industry aka Kollywood The Nayanthara Dhanush copyright battle is escalating. Im not sure what delusion can mean in this context, and furthermore, I cannot think of any copyright related concept that might be connected to the standard word delusion.

Copyright 58

Copyright Intellectual Property Copyright Infringement Trademark Law 58

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 58

Personality Rights Due Diligence Registering Trademarks Social Media 58

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. News Nation Network Pvt.

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 58

Licensing Trademark Intellectual Property IP 58

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.

Design 58

Design Designs Trademark IP 58

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.). This and a lot more in this week’s SpicyIP Weekly Review. Anything we are missing out on?

Trademark 76

Trademark Editing IP Copyright 76

IP and Legal Filings

DECEMBER 6, 2023

Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. In another case of Indian Performing Rights Society v.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court opined that the proviso under Section 33(1) of the Act, which mandates that license can only be issued via copyright societies, does not apply to sound recordings.

IP 105

IP Invention Patent Copyright 105