Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. To be honest, under the current system, the scope of protection is limited.

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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. A photograph of Prof. (Dr.) Shamnad Basheer. And the winners are: 1.

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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.

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Intepat

NOVEMBER 4, 2024

Data Privacy The recent uproar for some stringent data privacy laws stems from the frequent leaks and breaches of individuals’ personal data and the risk of its misuse. Data protection laws aim to safeguard raw personal data and require consent-based processing of this data for legitimate purposes. Rajagopal v.

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Intellectual Property Privacy Intellectual Property Law Personality Rights 52

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?

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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.

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SpicyIP

FEBRUARY 17, 2025

India’s copyright law does not envision an exception permitting LLM trainings from copyrighted materials. Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. Anything we are missing out on? Drop a comment below to let us know.

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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.

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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. Read the post for more details.

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SpicyIP

AUGUST 22, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. The post covers the prevailing precedents on the matter. The Delhi High Court in the case of Zed Lifestyle Pvt Ltd v.

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The IPKat

SEPTEMBER 22, 2023

This book review of Intellectual Property Law in Nigeria: Emerging Trends, Theories And Practice by Desmond Oriakhogba (University of the Western Cape, South Africa) and Ifeoluwa Olubiyi (Afe Babaloloa University, Ado-Ekiti, Nigeria) is kindly provided by Kasim Waziri , Professor of Law at the University of Abuja, Nigeria.

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Nelligan Law

MARCH 25, 2025

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.

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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.

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Intellectual Property Registration Trademark Personality Rights 98

SpicyIP

DECEMBER 23, 2024

SpicyIP Tidbit: Mdecins Sans Frontires suit against Dharma Productions for Jigra scene Mdecins Sans Frontires (MSF) filed a suit against Dharma Productions for using its trademark in the movie Jigra. Read this Tidbit by Md Sabeeh Ahmad discussing MSFs averments and the potential trademark questions that may arise! A liability of Rs.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

Team Chloe includes attorneys of record from three different law firms. If you’re selling your personality rights, make sure you understand the implications!!! Because copyright law lets me, I’m reproducing the dog treats recipe below. Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v.

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JD Supra Law

APRIL 10, 2023

In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personality rights” has become a major highlight for its independent codification. As a result, the protection of human dignity and personality rights has been further strengthened.

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SpicyIP

AUGUST 12, 2024

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.

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IP and Legal Filings

APRIL 10, 2025

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.

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IP and Legal Filings

JANUARY 27, 2025

In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights.

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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.

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IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. With this, trademark holders may now defend their logos on the web as well. Paramasivam & Ors. [i]

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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).

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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] iv] The Copyrights Act, 1957. [v]

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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.

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Ownership Intellectual Property Artwork Copyright Law 102

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.

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SpicyIP

SEPTEMBER 25, 2023

Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

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IPilogue

DECEMBER 9, 2021

Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 Intellectual Property Law & Technology Intensive Program. While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. According to s.3(1)

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SpicyIP

DECEMBER 20, 2023

The issue has often arisen in the context of protecting confidential information through copyright law. Basheer’s two larger-than-law type posts: The Seed(y) Saga and Pest Policy. While there has always existed an arguable case for personality rights in India, the winning stakes have gotten higher and clearer over the years.

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Selvam & Selvam Blog

APRIL 5, 2022

Nevertheless, victims of moment marketing have been afforded protection in varied forms under Indian law, as follows: Trade Marks Act, 1999: The Trade Marks Act, 1999 provides protection to registered and unregistered marks under Section 29 and 27 respectively. Personality Rights. Tata Tea Ltd (CS no.

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Intepat

DECEMBER 26, 2023

student from Hidayatullah National Law University. Protection of IPR by AI Intellectual Property Law with relation to Artificial Intelligence , plays a crucial role in safeguarding intellectual property by employing algorithms and content matching to detect infringing works. *Written by Narendra Rathia, a 4th Year B.A.

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Intellectual Property Invention Intellectual Property Law Personality Rights 52

IP and Legal Filings

MAY 23, 2023

Image Sources : Shutterstock] Legal rights in domain names can be derived from these sources: registration of the name as a trademark ; prolonged use of the name for trading; or the biological name of a person. the owner of the well-known trademark “Yahoo!” Akash Arora and Ors. [1] The plaintiff, Yahoo!,

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SpicyIP

NOVEMBER 19, 2023

Other Posts Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship on November 22 and 23. Capital General Store and Jawed Ansari v.

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IP and Legal Filings

FEBRUARY 17, 2025

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.

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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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IP and Legal Filings

APRIL 19, 2023

Introduction Personality rights 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.

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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.

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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.

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