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

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

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The analysis is offered from the US, the UK, and the EU perspectives.

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

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.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

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……. Part III: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. The Show Must Go On?

Personality Rights 103

Personality Rights Trademark Social Media Patent Law 103

SpicyIP

SEPTEMBER 12, 2024

“Overlapping Intellectual Property Rights 2nd Edition” edited by Neil Wilkof, Shamnad Basheer, and Irene Calboli (Oxford University Press, 2023). There is one titled “Overlaps between Copyright, Rights of Publicity, and Personality Rights” authored by Tyler T.

Editing 80

Editing Intellectual Property Privacy IP 80

Olartemoure Blog

JULY 17, 2024

Tattoos are not just body art; they are unique expressions of personal identity. But have you ever considered the intellectual property aspects surrounding tattoos? These rights include the right to attribution and the right to object to derogatory treatments of the work.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

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

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

MARCH 30, 2025

Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! 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 58

Personality Rights Trademark Intellectual Property Copyright 58

McBayer IP Blog

MARCH 24, 2022

Posted In collegiate athletics , Intellectual Property , Name, Image, and Likeness On March 9 th , Governor Beshear, surrounded by Kentucky college coaches, put his signature on a new law that will allow college athletes to profit from the use of their name, image, and likeness, an opportunity formerly blocked by the NCAA.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

LexBlog IP

NOVEMBER 9, 2021

Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” Student athletes are allowed to fully control their personality rights and make money licensing them.

Personality Rights 52

Personality Rights Licensing Contracts Advertising 52

The IPKat

APRIL 7, 2025

All intellectual property rights have a limited territorial scope. This can make it difficult to determine if an IP right is infringed, particularly when the contested use takes place online. The Court agreed that copyright also has a personal rights component.

Copyright 64

Copyright Copyright Infringement Art Intellectual Property 64

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

SpicyIP

AUGUST 2, 2024

Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Personality Rights: Publicity or Privacy? It can include their face, voice, characteristics and distinctive qualities or attributes.

Branding 105

Branding Brands Branding Personality Rights 105

SpicyIP

AUGUST 26, 2024

With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy. The Personality Rights Conundrum The issue of personality rights, however, leads us to a slightly trickier terrain. Baby Gift House & Ors.

Personality Rights 110

Personality Rights Privacy Copyright Trademark 110

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

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Nelligan Law

MARCH 25, 2025

Behind that success was a masterclass in intellectual property. He also understood the power of his own story, safeguarding his image through personality rights and exercising control over how his likeness was used. More than 100 million units were sold worldwide. That control extended to film and television as well.

Business 52

Business Branding Branding Brands 52

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. Going Forward.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law.

Law 136

Law IP Editing Intellectual Property 136

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.

Personality Rights 118

Personality Rights Reporting Social Media Branding 118

IP and Legal Filings

APRIL 10, 2025

With the emergence of Intellectual Property as an important and relevant sector of law and awareness among people about securing and protecting the product of their intellect has resulted in the birth of several unique rights which can be protected and monetized under IP laws.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IP and Legal Filings

APRIL 8, 2023

These agreements include the following: ● Artist agreement – When an artist does business with a company, an agreement is made between the parties because art is inherently subject to many Intellectual Property issues.

Privacy 98

Privacy Law Intellectual Property Music 98

Kluwer Copyright Blog

APRIL 29, 2024

The judicial reasonings ignored copyright legal provisions, applying cultural heritage law and taking a long-arm approach to cherry-picked legal norms (such as personality rights) to give significant leeway to the Italian government and cultural institutions to decide whether and to what extent reproductions of cultural heritage can be used freely.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

Intepat

DECEMBER 26, 2023

In the contemporary era, AI plays a significant role in Intellectual Property Rights, becoming increasingly integral during a period where numerous tasks are executed by artificial intelligence. Consequently, it is imperative to recognize that the use of AI itself has become a component of Intellectual Property.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP and Legal Filings

NOVEMBER 23, 2023

[i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003). [ii] ii] It was the first given judgment dealing with publicity rights. Publicity rights have attracted considerable recognition in the field of intellectual property rights.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. The etymology of the word may make sense, but can the same image be copied over and over without intellectual property repercussions? Shayna Jan is a 3L J.D. According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

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 58

Trademark Copyright Registration Personality Rights 58

The IPKat

SEPTEMBER 4, 2024

Book Review Katfriend Maciej Padamczyk (Herchel Smith Doctoral Researcher, Research Associate QMIPRI) reviewed Research Handbook on Intellectual Property Rights and Inclusivity , edited by Cristiana Sappa. It has 24 chapters focusing on the relationship between IP rights and inclusivity.

Personality Rights 59

Personality Rights IP Art Copyright 59

Selvam & Selvam Blog

APRIL 5, 2022

Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. Personality Rights. With specific reference to India, personality rights are considered a part of the right to privacy guaranteed under Article 21 of the Indian Constitution.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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. FDC Limited v.

Trademark 104

Trademark Personality Rights Registration Business 104

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 58

Intellectual Property Journalism Patent Application Social Media 58

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. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

Intepat

SEPTEMBER 27, 2024

Introduction Intellectual property laws are generally divided into industrial property and copyright. While copyright is distinct from other forms of intellectual property by focusing on personal rights, its primary role is to manage and protect knowledge.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52