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…….

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

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

IP and Legal Filings

OCTOBER 11, 2022

Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

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.

Trademark 105

Trademark Registering Trademarks Personality Rights Copying 105

SpicyIP

MARCH 30, 2025

Keep up with the ever-changing world of IP with SpicyIPs Weekly Review! We are delighted to announce the results of the 2024 Shamnad Basheer Essay Competition on IP Law. PART I] Personality Rights in Spotlight Once More!: PART II] Personality Rights in Spotlight Once More!: Anything we are missing out on?

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

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

IPilogue

JUNE 3, 2022

Junghi Woo is a former IPilogue Content Manager, an IP Innovation Clinic Fellow and a 3L JD Candidate at Osgoode Hall Law School. Pina D’Agostino’s Directed Reading: IP Innovation Program course. 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

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Lectro E-Mobility.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

SEPTEMBER 8, 2024

Julia is an Associate at Cyril Amarchand Mangaldas, Bengaluru and Snehal is an Associate at Chadha and Chadha IP, Gurugram. Reviving popular artists posthumously, though nostalgic, prompts critical questions about the boundaries around consent, personality rights, moral rights, economics of the industry, and even ethics.

Personality Rights 45

Personality Rights Privacy Art Music 45

SpicyIP

AUGUST 26, 2024

However, its specific emphasis on protecting certain elements of the whole scheme of copyrighted content, such as fictional characters and the distinctive personas they embody, has been a focal point, contributing substantially to the discourse surrounding the ever-expanding ambit of copyrightability as well as personality rights.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

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

SpicyIP

AUGUST 27, 2021

Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. And encouraged participants to draw inspiration from Shamnad’s scholarship.

Law 137

Law IP Editing Intellectual Property 137

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. Through a bunch of IP laws like copyright, patent, and trade secrets, expressions, innovations, and confidential information are respectively protected. Rajagopal v.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

The IPKat

DECEMBER 17, 2021

This post is the third and final installment in the “Africa IP Highlights 2021 series” of posts highlighting some of the key developments in IP in Africa in 2021. This post is about patents and reforms in IP policy, legislation and administration. The first 2 posts covered copyright and trade marks.

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IP Patent Intellectual Property Inventor 92

SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. The decisions in the second category, i.e., Top 10 IP Cases/Judgements (Jurisprudence/Legal Lucidity) reflect those that we thought showed a fair bit of jurisprudential rigour and/or legal lucidity. Nataraj, Ms.

IP 124

IP Copyright Trademark Intellectual Property 124

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

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

DECEMBER 23, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on formulation/composition claims and Section 3(d), Managing IPs Most Influential People in IP List, and Mdecins Sans Frontires (MSF) suit against Dharma Production. This and a lot more in this weeks SpicyIP Weekly Review.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

IP and Legal Filings

JANUARY 27, 2025

Overview of AI and IP Artificial intelligence is a rapidly evolving piece of technology, which has massive impacts on all industries and economies around the globe. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights. With AI, this aspect has been eradicated.

Intellectual Property 104

Intellectual Property Music Art IP 104

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. This and a lot more in this weeks SpicyIP Weekly Review.

Trademark 59

Trademark Copyright Registration Personality Rights 59

The IPKat

MAY 29, 2023

Now in its second edition, the book offers a perspective on how one can address the overlap between intellectual property (IP) rights, either to reconcile them in whole or in part, or to pre-empt one over the other. The book closes with Chapter 21 by Susy Frankel, focusing on the interactions between IP and traditional knowledge (TK).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Managing IP

OCTOBER 27, 2021

Sources believe that licensing of IP and personality rights may be beneficial, but judicial and legislative solutions are needed in the longer run

IP 45

IP Personality Rights Licensing 45

Nelligan Law

MARCH 25, 2025

He also understood the power of his own story, safeguarding his image through personality rights and exercising control over how his likeness was used. It was another example of his long-standing commitment to protecting and leveraging the value of his personal brand. That control extended to film and television as well.

Business 52

Business Branding Branding Brands 52

The IPKat

SEPTEMBER 19, 2022

Unlike infringement of IP rights that do not generally require proof of resulting damages or injury, an applicant seeking specific damages for image rights infringement must prove resulting damage, injury or loss from such infringement. However, as the court noted the University did not tender this opinion in evidence.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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 119

Personality Rights Reporting Social Media Branding 119

McBayer IP Blog

MARCH 24, 2022

More > Tags: college athletes , collegiate athletics , Intellectual Property , Name, Image, and Likeness , NCAA , personality rights. This new law opens up many doors for college athletes to benefit from their most closely held intellectual property—themselves.

Intellectual Property 96

Intellectual Property Law Personality Rights 96

SpicyIP

JULY 27, 2023

She is an IP lawyer based out of New Delhi. Previously in 2021, the plaintiff’s interim injunction application had been heard by Justice Sanjeev Narula wherein the Hon’ble Court did not deem fit to pass an injunction on the ground of descendability of publicity rights. [ This guest post is authored by Devangini Rai.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. Therefore, necessitating study of these overlaps in pairs of IP rights as furthered by the book.

Editing 81

Editing Intellectual Property Privacy IP 81

SpicyIP

JULY 17, 2023

Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. 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. Hope you enjoy the SpicyIP Weekly review!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. A general trend unraveling is that the Indian courts are hesitant to comment on the status of post mortem publicity rights.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

The IPKat

NOVEMBER 26, 2022

This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

Law 142

Law Privacy IP Personality Rights 142

IP and Legal Filings

FEBRUARY 23, 2023

IP can be acquired, inherited, traded, or purchased. IP can be considered to be the base of knowledge-based economy. Arbitration as a means to resolve Intellectual Property disputes As IP owners and attorneys formerly tended to choose traditional, Arbitration and mediation were hardly ever used to their full capacity.

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

SpicyIP

DECEMBER 29, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on Delhi HCs ruling on Celebrity Rights and the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity. The Delhi HC restrained the defendants in both cases from infringing the plaintiffs personality rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

The IPKat

SEPTEMBER 22, 2023

Here is what Kasim has to say: The task of writing on the subject matter of intellectual property (IP) is always an onerous one for a lot of reasons. One of such reasons is the volatility of IP law. IP law is mutably capricious in nature; it changes almost daily in its scope, scale and tenor.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

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.

Branding 98

Branding Branding Brands Personality Rights 98

The IPKat

SEPTEMBER 4, 2024

If you find yourself traveling after traveling, whether for work or vacation like this Kat, who is writing from Japan this time, here is your weekly NTL post to stay in touch with IP developments. It has 24 chapters focusing on the relationship between IP rights and inclusivity.

Personality Rights 59

Personality Rights IP Copyright Art 59

The IPKat

SEPTEMBER 24, 2023

I believe that we should not monopolize information, as various IP rights do today. Information is the main fuel for technological development, which, according to the basic objectives of the treaties, IP should stimulate, not stifle ( TRIPS, Article 7 ). If someone invades your privacy, you can enforce your personality rights.

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Copyright Derivative Work Music Copying 138