IP and Legal Filings

JUNE 29, 2024

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.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

JD Supra Law

OCTOBER 21, 2024

INTRODUCTION - Publicity rights play an important role in India based on the culture of celebrity worship and the importance of the name, image, and likeness of sports, television and media personalities, political figures, musicians, etc. In India, the right to publicity is recognised as a part of the right to privacy.

Personality Rights 91

Personality Rights Intellectual Property Law Television Intellectual Property 91

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.

Privacy 98

Privacy Law Intellectual Property Music 98

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. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?

Personality Rights 104

Personality Rights Trademark Social Media Patent Law 104

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.

Privacy 98

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

Devangini is a graduate of the University School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, New Delhi. Arguments and Decision The plaintiff argued that the defendant has violated the late actor’s privacy and personality rights by its unauthorised use. She is an IP lawyer based out of New Delhi.

Privacy 98

Privacy Personality Rights Blogging Publishing 98

The IPKat

NOVEMBER 26, 2022

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. Just a few days after CNIL , however, the CJEU ruled once again on the territorial scope of injunctions relating to the protection of rights online.

Law 142

Law Privacy IP Personality Rights 142

SpicyIP

AUGUST 26, 2024

Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.

Personality Rights 111

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. Tejas is a third-year law student at National Law University, Delhi, and is interested in the evolution of IPR law and its growth in India.

Branding 105

Branding Brands Branding Personality Rights 105

Selvam & Selvam Blog

MAY 28, 2024

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities. To be honest, under the current system, the scope of protection is limited.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

SpicyIP

JULY 9, 2021

Right of Publicity: Post Mortem? . India does not have codified law for publicity rights and the precedents are the only way to understand its origin, nature and scope. For establishing infringement of the right of publicity, certain requirements need to be fulfilled which have been given in Titan Industries v.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

Personality Rights 45

Personality Rights Privacy Art Music 45

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. In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. Such technology is not novel.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

SpicyIP

JULY 13, 2021

student at the NALSAR University of Law, Hyderabad. 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. Nishtha is a 4th year B.A. Nishtha Gupta. Brief facts.

Privacy 105

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].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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. The Supreme Court’s opinion.

Personality Rights 52

Personality Rights Cease and Desist Social Media Advertising 52

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

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Technology & Marketing Law Blog

MARCH 23, 2022

This is a putative class action lawsuit against a people search company for allegedly misusing publicity and personality rights by displaying images contained in yearbooks. Under California law, where the lawyer has express authority, the client may be bound by the lawyer’s agreement to a contractual term. March 18, 2022).

Privacy 116

Privacy Contracts Personality Rights Litigation 116

Kluwer Copyright Blog

APRIL 29, 2024

For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

The IPKat

AUGUST 9, 2021

Anja had a relevant publication in 2020, in case readers are interested: How Comprehensive Is Chinese Data Protection Law? On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. The IPKat is delighted to host the following guest post by Anja Geller (Ph.D.

Technology 128

Technology Privacy Law Litigation 128

SpicyIP

SEPTEMBER 12, 2024

About the 2nd Edition As stated in the preface to the 1st edition of the book, the idea behind the book’s theme at large, stems from a question by one of Wilkof’s students on how laws address the intersection between copyrights and trademarks and the ensuing realisation by him about the general lack of secondary sources on this issue.

Editing 81

Editing Intellectual Property Privacy IP 81

IP and Legal Filings

JANUARY 27, 2025

The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights. These uncanny and exact replications of celebrity voices and visuals lead to a world of problems not just from a privacy point of view, but in general IP as well. With AI, this aspect has been eradicated.

Intellectual Property 104

Intellectual Property Music Art IP 104

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. 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.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

NOVEMBER 23, 2023

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i]

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

SEPTEMBER 24, 2023

Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI. The problem is not human, but the work In fact, the whole issue is not about a person, but about a work.

Copyright 138

Copyright Derivative Work Music Copying 138

SpicyIP

JULY 17, 2023

Yashna is a fifth-year law student at UILS, Panjab University, Chandigarh. Her area of interest lies in IP and corporate law. Her area of interest lies in IP and corporate law. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Intepat

MAY 16, 2023

This brings us to the question of whether the usage of such photographs is lawful or not, regardless of the person being a celebrity. Recently, Amitabh Bachchan’s voice and his image had been used by various persons for commercial purposes without his consent. What are Publicity Rights? Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

SpicyIP

JULY 19, 2021

In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

IPilogue

NOVEMBER 17, 2021

Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . 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. Current State of the Law on Tattoo Designs.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. This is coupled with a dismal lack of awareness of rights (especially of the non-economic kind) available under copyright law amongst authors in India.

Moral Rights 114

Moral Rights Personality Rights Copyright Privacy 114

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. The case law has established that to succeed in the tort of appropriation of personality, the following criteria must be met: 1.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

SpicyIP

MARCH 9, 2025

Highlights Moving Towards a Wrongful Obtainment Standard Part I Wrongful obtainment is a less explored area of patent law in the Indian context. Assessing these orders, Bharathwaj Ramakrishnan looks at the UK Patent law to discuss its relevance in streamlining the wrongful obtainment analysis in India.

Trademark 59

Trademark Patent Copyright Patent Application 59

Olartemoure Blog

JULY 17, 2024

Tattoos are not just body art; they are unique expressions of personal identity. THE ART OF TATTOOING AND COPYRIGHT Tattoos are protected by copyright laws as original works of art. This means the tattoo artist holds the exclusive rights to reproduce, distribute, and display the design.

Intellectual Property 52

Intellectual Property Moral Rights Art Brands 52

SpicyIP

DECEMBER 29, 2024

Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52