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.

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Trademark Registering Trademarks Personality Rights Copying 105

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.

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Copyright Artistic Work Copyright Law Law 126

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

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

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?

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Personality Rights Trademark Intellectual Property Copyright 58

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

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. The suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

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.

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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 Trademark Blogging 45

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.

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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.

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Trademark Copyright Registration Personality Rights 58

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.

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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.

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Public Domain Artwork Copyright Marketing 132

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

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.

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Music Copyright Personality Rights Technology 127

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 118

Personality Rights Reporting Social Media Branding 118

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 136

Law IP Editing Intellectual Property 136

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 58

IP Trademark Registering Trademarks Personality Rights 58

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

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

IP and Legal Filings

APRIL 10, 2025

Though no definition for celebrity is to be found in any statute but the word Performer has been defined in the section 2(qq) of the Indian Copyright Act. The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

The IPKat

NOVEMBER 6, 2023

This means navigating a patchwork of national legislation and court decisions when dealing with international copyright projects. While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights.

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Moral Rights Licensing Personality Rights Contracts 85

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.

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Trademark Patent Copyright Patent Application 58

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. On the copyright side, AGA was granted permission to appeal.

Personality Rights 59

Personality Rights IP Copyright Art 59

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 19, 2022

One other thing that was noteworthy from this case was that the University sought the opinion of the Kenya Copyright Board (KECOBO) on the matter and KECOBO issued a Legal Opinion wherein it stated that the University’s actions may have violated the right to human dignity and privacy, data rights, personal rights and proprietary rights.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

APRIL 8, 2023

Unless with his/her consent, the right to control the commercial use of his/her own identity should be exclusively theirs. Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person.

Privacy 98

Privacy Law Intellectual Property Music 98

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. However, this may not be necessary in certain cases where copyright limitations apply.

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Copyright Derivative Work Fair Use Copyright Law 52

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?”

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Copyright Licensing Blogging Publishing 98

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.

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Trademark Personality Rights Registration Business 104

IP and Legal Filings

FEBRUARY 23, 2023

They provide the creator a sole, time-limited right to make use of their invention. Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. IP can be acquired, inherited, traded, or purchased.

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Intellectual Property Confidentiality Litigation IP 98

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.

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Cease and Desist Copyright Infringement Invention Social Media 105