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As a result, interim orders in trademark infringement cases have become somewhat standardized. However, even in areas of the law that are not fully developed, it is crucial to indicate the legal basis for an order, even if briefly, as this requirement should not be sacrificed for the sake of judicial expediency. In Gautam Gambhir v.
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.
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 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.
Considering the same, the Courts have started providing remedies under the scope of personalityrights 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.
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.
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 personalityrights.
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.
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.
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. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademarklaw.
To be clear, as per the existing case laws, earlier discussed by Samridhi and Shravya , pre-institution mediation under the Commercial Courts is mandatory unless one can show that their plaint and other documents contemplate an urgent interim relief . Interestingly, they have also been subject to protection under personalityrights.
Unfortunately, in India, there is no specific legislation which protects the intellectual property rights of celebrities. We have come across many instances where Indian celebrities have registered their names and/or their signatures as a trademark. PersonalityRights. You can also read more about celebrity rights here.
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. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. Bolt Technology v. First, in Toyota v.
The right to use the name “Arun Jaitley” vested with the plaintiff alone on account of being a well-known mark and the plaintiff’s personalright and entitlement to use his personal name. The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith. 1] (1999) 78 DLT 285. [2]
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.
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.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on social media in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. from Duke University in 2019.
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 trademarklaw. Current State of the Law on Tattoo Designs.
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.
Therein, the Court categorically held that the right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice, etc. Publicity Rights and the Right to Privacy in India, 31.1
In light of the ongoing dispute between the makers of the motion picture “Main Ladega” and the National Boxing Championship over the alleged use of the latter’s logo in the film, SpicyIP intern Sumedh Gadham discusses whether such use would amount to trademark or copyright infringement.
With the number of developments happening, were bound to have missed some important developments, but weve done our best to include developments from different parts of the country, as well as different areas of IP law!Are Check IPRment Laws post on this decision for a detailed discussion) The judgement was passed by Justice R.
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