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

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SpicyIP

MARCH 30, 2025

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? PART II] Personality Rights in Spotlight Once More!: Anything we are missing out on?

Personality Rights 59

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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

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The IPKat

SEPTEMBER 19, 2022

The court accepted the Petitioner’s contention that she is a private person and held that the Respondent violated her right to privacy by taking pictures of its graduates and using it without consent. [Did Instead, it was the Petitioner who tendered the opinion in evidence without informing the court how she got hold of the Opinion.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

The IPKat

AUGUST 9, 2021

Facial information is directly identifying, unique and unchangeable for the data subjects. In the EU, the GDPR already provides numerous requirements since facial information falls under biometric and, therefore, sensitive data. The SPC Provisions categorise facial information as “biometric information”.

Technology 128

Technology Privacy Law Litigation 128

Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Judge Chen (of the Northern District of California) answered this question “no”. The Ninth Circuit affirms in a memorandum opinion.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

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. Other Developments.

Personality Rights 119

Personality Rights Reporting Social Media Brands 119

IP and Legal Filings

JANUARY 31, 2024

Other aspects of privacy include the right to one’s own body, individual autonomy, protection from state surveillance, informational self-determination, dignity, confidentiality, and the freedom to move, think, and dissent. The right to privacy must, in other words, be evaluated case-by-case.

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Privacy Personality Rights Confidentiality Law 98

TorrentFreak

MARCH 20, 2024

Jammable is just one worrying example of AI developers encroaching on the personal rights of music creators for their own financial gain,” Musicians’ Union General Secretary Naomi Pohl says. That could very well be related to BPI’s letter.

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Music Copyright Personality Rights Technology 127

SpicyIP

DECEMBER 23, 2024

The Delhi HC has held that the mere assertion that a thesis involves IP or holds commercial value is insufficient exempt from disclosure under the Right to Information Act, 2005. International IP Developments Brazilian judge orders global removal of Adele’s song “Million Years Ago” over plagiarism claim

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IP Trademark Registering Trademarks Personality Rights 59

The IPKat

NOVEMBER 26, 2022

Just a few days after CNIL , however, the CJEU ruled once again on the territorial scope of injunctions relating to the protection of rights online. It did so in Glawischnig-Piesczek v Facebook Ireland. This said, the Court reviewed the CJEU decisions in CNIL and Glawischnig-Piesczek.

Law 142

Law Privacy IP Personality Rights 142

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

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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

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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

The IPKat

MAY 29, 2023

Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights. The discussion revolves around the protection available for a sports league schedule, assembled by a sports website based on available information.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Selvam & Selvam Blog

NOVEMBER 30, 2022

The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement. The court additionally directed the Ministry of Information Technology to ensure that the respective internet service providers take down the links and websites as provided by the plaintiff.

Personality Rights 52

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The IPKat

JUNE 4, 2022

There’s a threshold with regard to the right of likeness protection somewhere here, but the question is: where exactly? Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China.

Personality Rights 81

Personality Rights Music Advertising Advertising 81

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

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Privacy Law Intellectual Property Music 98

SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way!

Personality Rights 59

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LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. The two rights are often confused because they both relate to the control of an individual’s name and image.

Personality Rights 52

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Intepat

DECEMBER 26, 2023

Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention. Infringement of IPR by AI Artificial Intelligence possesses extensive datasets that enable it to process diverse information.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

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. Bombay High Court imposes costs worth INR 4.5

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Kluwer Copyright Blog

APRIL 5, 2023

On top of that, as the case demonstrates, the public domain may receive other threats from an aggressive extension of the scope of personality rights. 15 B.C.). As an additional remark, this is particularly true in a situation like the one under consideration, where the work is significant for humanity at large.

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SpicyIP

SEPTEMBER 12, 2024

The book, a follow on edition from the 2012 1st edition of Overlapping IP Rights is once again a masterclass in thinking through the oft under discussed spheres of overlaps in IP, this time with additional subject areas and updated developments. The jurisdictions analysed are the US, UK, and the European Union.

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Editing Intellectual Property Privacy IP 81

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. If you would like more information about intellectual property, please feel free to reach out to MBM for a free consultation.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. and undoubtedly creating such content includes the distribution of any intellectual property rights to their respective authors.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

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. This judgement reinforces the idea that while intellectual property rights are crucial, they should not hinder the equitable distribution of knowledge.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

IP and Legal Filings

MAY 23, 2023

Today, it is a crucial medium for conducting commercial activities and has transformed the way people communicate, share information, and conduct business. The right to use the name “Arun Jaitley” vested with the plaintiff alone on account of being a well-known mark and the plaintiff’s personal right and entitlement to use his personal name.

Business 52

Business IP Registration Trademark 52

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

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

Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. La entrada A blow to image rights?: Ricardo López Alzaga.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

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

JULY 9, 2021

Right to integrity stipulates that an action can be taken against ‘ distortion, mutilation, modification or other act in relation to the said work if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation’. But if it’s a personal right, then it obviously ceases with the individual’s demise.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

The IPKat

SEPTEMBER 24, 2023

A sheet of paper printed with text, a digital file that stores information about the combination of colored pixels, grooves carved into a vinyl record that correspond to each sound wave. Data is any representation of information that can be processed. I believe that we should not monopolize information, as various IP rights do today.

Copyright 138

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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.

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