SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion. News from India.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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. Read the post for more details. Chotiwala Food And Hotels Private vs Chotiwala & Ors.

Trademark 59

Trademark Patent Copyright Patent Application 59

Olartemoure Blog

JULY 17, 2024

THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. When a tattoo design is created and inked onto skin, it automatically gains copyright protection. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

The IPKat

SEPTEMBER 22, 2023

Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personality rights, among others. The book analyzed the new Copyright Act 2022 and highlighted the novel provisions therein.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it. Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

IIPRD

AUGUST 29, 2024

The continuous technological advancements cause unexpected ways of copyright distribution and the broadcasting sector is not indifferent to it. Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

43(B)log

AUGUST 9, 2024

Implementation also covers TPMs though overrides protections for out of copyright works. Marketa Trimble, Cross-Border Exceptions and Limitations to Copyright: “Powered by AI” Not interested here in whether training infringes/using AI as an example of a process. Group III: Others, like China’s 3d amendment to Chinese copyright law.

Fair Use 59

Fair Use Moral Rights Law IP 59

IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.

Personality Rights 98

Personality Rights Privacy Moral Rights Copyright 98

IP and Legal Filings

AUGUST 26, 2024

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2] Rajagopal v.

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

IP and Legal Filings

FEBRUARY 17, 2025

With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. The broadcasting rights, under the copyright act, are valid for 25 years.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

SpicyIP

JULY 19, 2021

Adyasha notes that while the Copyright Act deems the producer of a film as its author, that doesn’t imply that author and copyright owner would necessarily remain the same perpetually. She highlights that the emphasis is on investing only in royalty revenue and not buying the artist’s rights or retaining control over their work.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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 Court restrained defendant no. M/s Vans Inc.

Trademark 45

Trademark Advertising Advertising Invention 45

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 interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals.

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

Intepat

OCTOBER 28, 2024

One such issue relates to copyright, particularly in the context of NFTs. This article will delve into the key copyright challenges associated with NFTs and their implications for the creative industry. NFTs are unique digital tokens that represent ownership of specific digital assets. In Miramax v.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

OCTOBER 2, 2023

Highlights of the Week Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Image from here Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. Image Rights Alright—But Can They Trump Established Rights and Doctrines?

Licensing 59

Licensing Trademark Intellectual Property IP 59

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

SpicyIP

NOVEMBER 8, 2024

. “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood. Copyright serves a clear purpose in incentivizing creative production and protecting the livelihoods of artists at all levels.

Privacy 64

Privacy False Advertising Personality Rights Branding 64