SpicyIP

NOVEMBER 11, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. Tanishka Goswami explores how text data mining can qualify as an exception to copyright infringement.

Personality Rights 104

Personality Rights Trademark Social Media Government 104

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

NOVEMBER 3, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

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

The IPKat

AUGUST 31, 2024

the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personality rights.

Personality Rights 131

Personality Rights Moral Rights Music Technology 131

SpicyIP

JULY 29, 2021

We’re happy to bring you a guest post by Shivam Kaushik on the copyrightability of fonts. Fonts & Typefaces: Are they Copyrightable? . Their function is so fundamental, and presence so ubiquitous that the thought that fonts and typefaces are eligible for copyright protection, seems inconceivable at first.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

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

Technology & Marketing Law Blog

DECEMBER 27, 2021

Chloe asserted copyright claims against the management group for posting her recipes to its website. Normally I’m Team Vegan all the way, but I exit Team Chloe when I see a low-merit copyright claim like this. Whereas the latter may be entitled to copyright protection, the former plainly is not. ” Really? Imapizza v.

Copyright 144

Copyright Social Media Copying Blogging 144

The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

MARCH 30, 2025

Further, he questions whether even a Text Data Mining Exception is required in the Indian Copyright Act. PART I] Personality Rights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personality rights?

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

Selvam & Selvam Blog

MAY 28, 2024

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 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

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 111

Personality Rights Privacy Copyright Trademark 111

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

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

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

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 Blogging Trademark 45

The IPKat

APRIL 7, 2025

Background The plaintiff produces clothing and owns the copyright to photographs of such clothing. The plaintiff sued the defendant before the District Court of Hamburg arguing that the display of its photographs on Google constituted copyright infringement. It did not concern the assessment of copyright infringement.

Copyright 59

Copyright Copyright Infringement Art Intellectual Property 59

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

Public Domain 98

Public Domain Copyright Law Artwork 98

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

[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 59

Trademark Copyright Registration Personality Rights 59

Copyright Lately

OCTOBER 2, 2024

A federal court says 2 Live Crew’s copyright termination rights survived bankruptcy, keeping the group’s bid to reclaim their masters alive. Quick update on the 2 Live Crew copyright termination lawsuit I’ve been following for a couple of years. District Judge Darrin P.

Copyright 56

Copyright Personality Rights Designs Design 56

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. This results in violating the principle of the numerus clausus of intellectual property rights and a significant distortion in the implementation of EU law in the country.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

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 113

Moral Rights Copyright Infringement Related Rights Government 113

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

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

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 Trademark Copyright 143

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 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Such treatment usually amounts to violations of the moral rights of the author.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

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

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 137

Law IP Editing Intellectual Property 137

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. Consequently, the plaintiffs’ claims for infringement, passing off, and damages were rejected.

Trademark 59

Trademark Patent Patent Application Copyright 59

SpicyIP

DECEMBER 23, 2024

on 5 December, 2024 (Delhi HC) The suit has been filed seeking relief of permanent injunction restraining the defendants from infringing the trade mark and copyright of the plaintiff, passing off the services as those of the plaintiff. Federated Hermes Ltd vs John Doe & Ors. The Court had earlier granted an ex-parte interim injunction.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

Kluwer Copyright Blog

JUNE 14, 2023

This conceptual confusion hides the real interest at stake: the creation of a new form of pseudo-intellectual property (in this case, a pseudo-copyright) that would attribute to the Italian State the power to exclusively control the commercial use of cultural heritage images. 106), the instrumental use and reproduction (art.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

IP and Legal Filings

JANUARY 27, 2025

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 personality rights.

Intellectual Property 104

Intellectual Property Music Art IP 104