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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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]

Personality Rights 52

Personality Rights Privacy Intellectual Property Law Intellectual Property 52

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? However, these rights can be limited by the tattoo bearer’s personality rights, as seen in some legal cases in Belgium.

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Intellectual Property Moral Rights Art Branding 52

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. To be honest, under the current system, the scope of protection is limited. Once uploaded, there is no reversing it.

Personality Rights 52

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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.

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Personality Rights Privacy Copyright Trademark 111

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?

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SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

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Privacy Personality Rights Moral Rights Copyright 105

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. Paragraph 31].

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LexBlog IP

JULY 25, 2023

There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.

Personality Rights 52

Personality Rights Privacy Reporting Invention 52

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. Garrigues Intellectual Property Department.

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Personality Rights Cease and Desist Social Media Advertising 52

SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments. Top 10 Other IP Developments.

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IP Intellectual Property Copyright Trademark 143

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. Michael Madow, Akshat Agrawal in this three part post lists out where the justifications for these rights fall flat. This and a lot more in this week’s SpicyIP Weekly Review.

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Personality Rights Trademark Social Media Patent Law 104

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.

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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.

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SpicyIP

JULY 19, 2021

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.

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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.

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Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights? However, Indian law has indirect references for the protection of publicity rights.

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McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

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Television Personality Rights Intellectual Property Privacy 52

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

Selvam & Selvam Blog

MARCH 28, 2022

Professional sports is a multi-billion dollar industry where athletes are beginning to find ways to leverage and add value to their own personal brands. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

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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

Personality Rights Branding Brands Branding 52

Intepat

OCTOBER 28, 2024

However, this emerging digital marketplace presents intellectual property challenges that mirror—but also differ from—those found in the physical world. The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights.

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Non-Fungible Tokens Copyright Contracts Ownership 52

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 89

Intellectual Property Editing Privacy Moral Rights 89

SpicyIP

AUGUST 6, 2024

Codible Ventures LLP , marking a big step in the protection of artists’ personality rights against the unauthorised use of their voices by artificial intelligence (AI) tools. Second , in different places, the Court has used the language “Personality rights and right to publicity”.

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Personality Rights Moral Rights Music Technology 117

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 83

Personality Rights Privacy Social Media Copyright 83

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.

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Intellectual Property Registration Trademark Personality Rights 98

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

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Marketing Marketing Personality Rights Intellectual Property Law 104

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 boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable images, voices, signatures, photograph and even personae.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 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.

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Ownership Intellectual Property Artwork Copyright Law 102

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. PRIVACY RIGHTS In Canada, individuals have the right to a reasonable expectation of privacy.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Publicity Rights and the Right to Privacy in India, 31.1

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SpicyIP

NOVEMBER 8, 2024

Image from here [Part II] The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…… The Show Must Go On? “It Protects Them From Exploitation” The Claim : Capitalizing on celebrities’ identity subjects their personality rights to potential abuse and jeopardizes their career and livelihood.

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SpicyIP

OCTOBER 29, 2024

student at Maharashtra National Law University, Nagpur and is passionate about Intellectual Property Law and Media and Entertainment Law, with a strong interest in ADR. In this post we’ll assess the order and take a look at the implications it can have especially on personality rights and free speech jurisprudence.

Personality Rights 104

Personality Rights Moral Rights Privacy Intellectual Property Law 104

SpicyIP

NOVEMBER 8, 2024

In the third part of his three part post on personality rights, Akshat discusses the real implications of granting broad personality rights to celebrities. Part I and II of this post can be accessed here and here. Akshat is a practicing litigator working at Saikrishna and Associates.

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Personality Rights Public Domain Intellectual Property Technology 106