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The proliferation of deepfake technology has posed significant challenges to the protection of individual identity and reputation and the recent incidents of INDIA TV and Medanta hospitals trademark infringement and deepfaked potrayals have once again re-surfaced this issue.
& Ors that has once again brought to the spotlight the debate of balancing the protection of celebrity personalityrights and the freedom of expressions and parodical use. Rights or Wrong?: Are We Going in the Correct Direction for PersonalityRights? India Pride Advisory Private Ltd. &
As a result, interim orders in trademark infringement cases have become somewhat standardized. However, the order was brief and did not specify any statutory or common law basis for the protection of personalityrights, merely citing Titan Industries as precedent. In Gautam Gambhir v. D.A.P & Co. &
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personalityrights, 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 development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personalityrights specifically. and includes both commercial and non-commercial aspects.
However, this article will discuss the reasoning of the court with respect to relief claimed by the Plaintiff against a creator of a YouTube video who compiled the interviews of the plaintiff and depicted his personality as ‘thug life’ The plaintiff contended that such videos portrayed him in a derogatory manner. million views.
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 personalityrights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.
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] PersonalityRights in Spotlight Once More!: PART II] PersonalityRights in Spotlight Once More!: Anything we are missing out on?
Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Rajat Nagi & Ors.
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 PersonalityRights cases. Anything we are missing out on?
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.
[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.
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.
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.
Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personalityrights 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.
Comparing the approaches of the Courts vis a vis personalityrights 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 personalityrights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.
Keep up with the ever changing world of IP with SpicyIPs Weekly Review! Disposafe Health & Life Ltd & Ors vs Rajiv Nath & Anr on 28 February, 2025 (Delhi High Court) Disposafe Health & Life Care sought an injunction against Hindustan Syringes for using the trademark DISPOSAFE , claiming prior use and risk of passing off.
Foreman turned his name into a powerful brand, protected by an extensive network of trademarks and licensing agreements. His legal team secured trademarks not only for George Foreman but also for key product lines like Lean Mean Fat-Reducing Grilling Machine, George Foremans Knock-Out Pain Relief, and George Foremans Butcher Shop.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines. C2Sense, Inc v.
Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. IP can be acquired, inherited, traded, or purchased. IP can be considered to be the base of knowledge-based economy.
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 personalityrights. With AI, this aspect has been eradicated.
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
Started in 2018, the 2nd edition of Overlapping IPRights (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 IPrights as furthered by the book.
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).
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. under the trademark laws.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. Jan Vishwas (Amendment of Provisions) Act Comes Into Force Today Image by vecstock on Freepik Provisions of the Jan Vishwas Act related to various IP legislations come into effect today. Primestack Pte.
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.
TRADEMARKS AND TATTOOS Tattoos can also intersect with trademark law. For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights. These rights include the right to attribution and the right to object to derogatory treatments of the work.
Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Image from here Kia Wang vs The Registrar of Trademarks & Anr. Lokesh discusses the case in this short tidbit post.
Kurian’s trail of transparency, Statements of Patent (Non-)Working, Corruption in IP Offices, Serial Crisis in India, the Indian “Bayh Dole” Bill, etc. Although India now has the Digital Personal Data Protection Act 2023 , it doesn’t provide IP protection to databases. Missed anything? No worries, we got you! Sounds “Jhakaas!”
Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. 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.
This unique address is achieved through a set of Internet Protocol (IP) numbers, commonly known as IP addresses, which have become a primary concern for the allocation of domain names on the Internet. Domain name disputes The unique mapping between IP addresses and domain names has created an artificial scarcity of domain names.
While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personalityrights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)
The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.
Simply Life India and Ors involving Anil Kapoor’s PersonalityRights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users. appeared first on Intepat IP.
Other IP Developments Commerce Minister Piyush Goyal lauds India’s grant of 41, 010 patents in 2023-24 so far. A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personalityrights case. India aims to grow pharma sector by four times to USD 200 Billion by 2030.
With the greater increase of various leagues such as the IPL in cricket, or the NBA in basketball, various teams are formed by various individuals to assert a title in trademarks and copyrights, amongst other forms of IP so that profit can be maximised. Trademark The Trademarks Act protects registered marks such as names, logos, etc.
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 personalityrights has become a growing problem in India due to deepfakes, morphed pictures, etc. Interesting right? Puttaswamy v.
Introduction Personalityrights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights since their names, images, or even voices may be inappropriately used in commercials by various businesses to increase sales. Puttaswamy v.
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 personalityrights in India. Topps Chewing Gum Inc. [2] Rajagopal v.
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 PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
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.
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. Under this Act, Sec.
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