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& 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. &
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. For example, can personalityrights be viewed as an extension of the right to privacy? In Gautam Gambhir v. D.A.P & Co. &
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.
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. Within India, the sports market is able to thrive due to the extensive laws.
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.
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.
Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IPLaw, 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.
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.
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 personalityrights.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
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.
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.
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 IPlaws. under the trademarklaws.
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.
TRADEMARKS AND TATTOOS Tattoos can also intersect with trademarklaw. 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.
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.
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 trademarklaw. In 2009, the Belgian Court of Appeal was tasked with deciding whether a tattoo could be granted ownership under Belgian copyright law in JDH v JM.
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.
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.
In this, there seems to be some interesting mixing of IP concepts, that this post will look into a bit later. The adoption of this line of reasoning becomes confusing as it states trademarklaw, in a copyright matter, when presumably borrowing a legal argument that uses trademark language, in a patent and design matter (!).
Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademarklaw and thatcelebrity is entitled to use his name for commercial purposes.
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