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.

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Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

JANUARY 31, 2024

Introduction Although there isn’t a clear legal definition of “privacy,” some legal experts define it as a human right that each and every person has simply by virtue of their existence. The right to privacy must, in other words, be evaluated case-by-case. In the 1962 Kharak Singh v.

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Privacy Personality Rights Confidentiality Law 98

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

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.

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Privacy Personality Rights Blogging Publishing 98

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

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).

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IP Intellectual Property Copyright Trademark 143

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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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.

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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.

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Personality Rights Privacy Art Music 45

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. However, image rights in Kenya lean more towards a human rights protection regime as opposed to IP law/framework.

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Privacy Personality Rights Advertising Advertising 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. 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

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

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

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. Chapter 20, by Maximilian Becker, addresses the overlap between trade secrets and privacy.

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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.

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Law Privacy IP Personality Rights 142

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

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.

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Editing Intellectual Property Privacy IP 81

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.

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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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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 ). But the world does not end with "creator's rights."

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Copyright Derivative Work Music Copying 138

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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Branding Branding Brands Personality Rights 98

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

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

Intellectual Property 105

Intellectual Property Privacy Branding Branding 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

This unauthorized usage may also give rise to breaches of confidence or violations of privacy. While economic interests can be quantified and compensated monetarily, non-economic concerns such as privacy violations, damage to reputation, and mental distress may not be entirely redressed through financial means.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

AUGUST 9, 2021

On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. As a next step, the SPC Provisions enumerate certain activities that infringe the personality rights and interests of natural persons. Likewise, many regulatory ventures focus on security.

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Technology Privacy Law Litigation 128

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.

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Journalism Trademark Registering Trademarks Business 52

Olartemoure Blog

JULY 17, 2024

However, these rights can be limited by the tattoo bearer’s personality rights, as seen in some legal cases in Belgium. EXCLUSIONS AND DEFENSES TO IP INFRINGEMENT Several defenses exist for IP infringement in tattoos. Personal use, parody, and incidental inclusion are common defenses.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

SpicyIP

MARCH 9, 2025

Keep up with the ever changing world of IP with SpicyIPs Weekly Review! on 07 March 2025 (Bombay High Court) The plaintiff, a notable Hindi film director, filed the suit against the defendants seeking reliefs against the violation of his privacy and personality rights by the defendants film title Shaadi Ke Director Karan Aur Johar.

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Trademark Patent Copyright Patent Application 59

IPilogue

NOVEMBER 17, 2021

The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

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Ownership Intellectual Property Artwork Copyright Law 102

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

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IP and Legal Filings

JULY 23, 2024

Following a similar line, the Indian courts have decided that while under the Indian Copyright Law, 1957 it is difficult to trace the copyright of voice; however, the right to protection of voice and other personality rights may be awarded against any use for commercial benefits. Media & Ent.L.J.2024.

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Music Copyright Personality Rights Technology 59

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 Branding Brands 52

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

SpicyIP

NOVEMBER 8, 2024

He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Views expressed here are personal.] “It Protects Their Hard-Earned Reputation” The Claim : Celebrities have valuable personality rights due to their immense goodwill and reputation. [This three part post is authored by Akshat Agrawal.

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Privacy Personality Rights Public Domain Ownership 105

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. He did his LLM from Berkeley Law in 2023 specialising in IP and Tech law. Part I and II of this post can be accessed here and here.

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Personality Rights Public Domain Intellectual Property Technology 106

SpicyIP

DECEMBER 6, 2024

Bharathwaj is a 3rd year LLB Student at RGSOIPL, IIT Kharagpur, and loves books and IP. Rothman (see here ) called no-privacy-rights-for-the dead doctrine . In this post, I will first discuss the current state of precedents in the context of posthumous rights. His previous posts can be accessed here.

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Privacy Music Law Personality Rights 59

SpicyIP

DECEMBER 31, 2024

2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. d) Other IP Developments; and e) Other Notable Developments.

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