The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. The case serves as the springboard for a discussion on whether owning both rights may put the rightsholder at risk. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

FEBRUARY 17, 2025

on 7 February, 2025 (Delhi High Court) Image from here In a trademark and personality rights infringement suit, the plaintiffs, Sir Ratan Tata Trust and Tata Sons, sought relief against the defendants for unauthorized use of the well-known trademarks TATA and TATA TRUSTS, as well as the well-known personal name and image of Late Ratan N.

Trademark 59

Trademark Copyright Registration Personality Rights 59

The IPKat

NOVEMBER 6, 2023

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. The right of attribution is particularly important for photographers and their licensees.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

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.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

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. Joint Controller Of Patents And Designs and Ors.

Trademark 104

Trademark Personality Rights Registration Business 104

IP and Legal Filings

JANUARY 27, 2025

AI, a simulation of human intelligence by a computer system designed to perform tasks typically done by human beings, has in just a few short years evolved beyond what was previously believed possible, and has manifested itself in even creating new works of Intellectual Property, such as art, literature, music, etc.

Intellectual Property 104

Intellectual Property Music Art IP 104

IP and Legal Filings

APRIL 10, 2025

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: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

Olartemoure Blog

JULY 17, 2024

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. This distinction can lead to disputes over the use of the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 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. Chapters 19–21 discussed industrial designs protection in a very elaborate manner.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. IP can be acquired, inherited, traded, or purchased.

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

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

SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

Copyright Lately

OCTOBER 2, 2024

Check out the full background on the case here , but on Monday, a Miami federal judge handed the 1980s rap group a significant legal win by affirming that copyright termination rights are a personal right, not a property right, and therefore aren’t extinguished by bankruptcy.

Copyright 57

Copyright Personality Rights Designs Design 57

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 Art Copyright 59

SpicyIP

SEPTEMBER 12, 2024

The chapter on Overlap between Patent and Design Protection by David Musker elaborates on this and deals with another pressing question- Whether overlaps matter? Musker lists out the 4 most common objections to overlap (in context of patents and designs)- stretch, overlap, post-expiry right to use, and mismatched defences.

Editing 81

Editing Intellectual Property Privacy IP 81

SpicyIP

MARCH 9, 2025

The plaintiff alleged that the defendants are selling counterfeit products using his registered design without authorization. Basf Se vs Joint Controller Of Patents And Designs and Ors. Bol7 Technologies Pvt Ltd Through vs Flipkart Internet Private Limited And on 4 March, 2025 (Delhi District Court) Image from here.

Trademark 59

Trademark Patent Patent Application Copyright 59

SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. But as I will discuss in this post, they fulfill the eligibility criteria as provided under the Copyright Act, 1957. Before we begin, let me lay down the glossary for this post.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties. Star Scientific Limited v.

Social Media 105

Social Media Trademark Licensing Music 105

LexBlog IP

MAY 2, 2022

The template is not intended to be a one-size-fits-all solution; rather, it is designed to provide colleges and universities with a starting point for crafting their own policies. Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights.

Personality Rights 52

Personality Rights Brands Branding Branding 52

Kluwer Copyright Blog

APRIL 5, 2023

One of the most recent examples is the dispute (not yet decided) around the use of the images of the Birth of Venus by Michelangelo in fashion design; the others are the controversy over the use in the advertising of the image of the Teatro Massimo in Palermo [2] and the multiple claims against the use in the marketing of David by Donatello. [3]

Public Domain 98

Public Domain Copyright Law Artwork 98

Velocity of Content

JUNE 25, 2024

With over three decades of experience in teaching and school administration, Kimberly brings a deep understanding of curriculum design and implementation. In Andersen’s district, “We came back in person right after COVID. Kimberly Andersen : Director of Curriculum and Instruction at Twin Valley School District in Pennsylvania.

Copyright 98

Copyright Licensing Blogging Publishing 98

Intepat

SEPTEMBER 27, 2024

While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge. To continue selling these courses packs legally, they argued that the defendant must obtain a license and pay royalties to the Indian Reprographic Rights Organization.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

Canadian Intellectual Property Blog

JUNE 10, 2020

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness. The individual (plaintiff) must be clearly and primarily captured in the image (see Krouse v Chrysler Canada Ltd. 13 C.P.R. (2d)

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

43(B)log

AUGUST 9, 2024

2014: ECJ said that the court didn’t need to designate technical measures—could order an outcome prohibition; transmission entities have to effectively achieve site-blocking. Authors’ rights are designed to protect that intellectual and emotional bond. Strong emphasis on moral rights in continental Europe.

Fair Use 59

Fair Use Moral Rights Law IP 59

IP and Legal Filings

FEBRUARY 20, 2024

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 personality rights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

FEBRUARY 17, 2025

A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company. Within India, the sports market is able to thrive due to the extensive laws.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

The IPKat

SEPTEMBER 27, 2023

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. However, there is no federal law regarding the matter.

Personality Rights 130

Personality Rights Advertising Advertising Publishing 130

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

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

SpicyIP Tidbit: Delhi High Court grants an Ex-parte Ad interim Injunction to Designer Gaurav Gupta On DHC’s recent interim injunction to designer Gaurav Gupta, Surabhi highlights the problem with the Court’s one glove fits all approach in this tidbit. Read on to know more. What’s in a Name? The Peppy Stores & Ors.

Trademark 45

Trademark Advertising Advertising Invention 45

The IPKat

OCTOBER 7, 2021

If we look deeper into how different countries treat posthumous moral rights, we will be able to discern two approaches: According to the first approach, followed in countries like Germany and Austria, economic and moral rights form one inseparable union and are thus inherited and may be enforced by the same subjects, the author’s heirs.

Moral Rights 134

Moral Rights Art Music Copyright 134

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. The Defendant contested that the bottles were not selectively obtained and it was using recycled bottles due to shortage.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

JANUARY 2, 2022

The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading. In ‘congratulating’ newsmakers , advertisers open themselves up to accusations of unauthorizedly infringing on personality rights.

IP 143

IP Intellectual Property Trademark Copyright 143

Traverse Legal Blog

MARCH 21, 2025

This might involve documenting your models’ design and setting up checks for bias or accuracy. You fall under CAIA’s jurisdiction if your business designs AI tools that influence employment decisions, lending, medical diagnostics, or risk assessments. Who Needs to Comply With The AI Act?

Business 52

Business Design Designs Law 52

SpicyIP

FEBRUARY 6, 2025

The adoption of this line of reasoning becomes confusing as it states trademark law, in a copyright matter, when presumably borrowing a legal argument that uses trademark language, in a patent and design matter (!). Interestingly, they have also been subject to protection under personality rights.

Copyright 59

Copyright Intellectual Property Copyright Infringement Trademark Law 59

SpicyIP

JUNE 17, 2024

Pidilite Industries Limited vs Astral Limited on 13 June, 2024 (Bombay High Court) Image from here The plaintiff alleged infringement of the design of its coex plastic containers by the defendant. It argued that the design of its container was novel and original and was not published in India.

Designs 59

Designs Design Trademark IP 59