Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours. This Act does not explicitly specify the inclusion or exclusion of personal names or surnames for trademark protection.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. Personality Rights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

IPilogue

NOVEMBER 17, 2021

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. Going Forward.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

IP and Legal Filings

NOVEMBER 23, 2023

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.

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

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.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

DECEMBER 20, 2023

Notably, Monsanto’s matter had several layers including the State Governments seeking to regulate IP licensing fees, and the Indian seed companies who previously licensed technology from Monsanto, refusing to pay royalties to Monsanto. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

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. Intellectual property, inherently, can be sold, licensed or marketed.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

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.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

SpicyIP

JULY 17, 2023

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. Case Summaries Calcutta High Court restrains the defendant from infringing the unregistered trademark of the respondent Case: Usco S.P.A. Drop us a comment below!

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Selvam & Selvam Blog

MARCH 28, 2022

Fantasy Sports and Trademarks. One of the most glaring problems that trademark owners of high-profile sporting leagues and sports teams face today is the piracy of their trademarks. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

DECEMBER 29, 2024

Here is our recap of last weeks top IP developments including summaries of the posts on Delhi HCs ruling on Celebrity Rights and the Powers of Regional Directors under Companies Act vis a vis Trademark Similarity. The Delhi HC restrained the defendants in both cases from infringing the plaintiffs personality rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

SpicyIP

JULY 19, 2021

She highlights that the Court refused to afford post mortem protection to personality rights of the actor. Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

MAY 20, 2024

Here is our recap of last week’s top IP developments including summaries of posts on the Law Commission’s Report on Trade Secrets and Economic Espionage, DHC’s decisions on working examples, writ jurisdiction of the pre-grant oppositions, and the Viagra-Vigoura trademark dispute. This and much more in last week’s SpicyIP Weekly Review.

Trademark 45

Trademark Advertising Advertising Invention 45

SpicyIP

DECEMBER 24, 2023

In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Institute of Directors v. BSA Business Software Alliance Inc. vs Tube Investments of India Ltd. &

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

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. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

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. This judgment concerned the classification of payments under end-user license agreements (EULA). Engineering Analysis Centre for Excellence Pvt.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

NOVEMBER 8, 2024

Views expressed here are personal.] Ex Parte Orders on Personality Rights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.

Privacy 105

Privacy Personality Rights Public Domain Ownership 105

SpicyIP

OCTOBER 2, 2023

Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines? But does the Indian Trademark Act allow such a treatment?

Licensing 59

Licensing Trademark Intellectual Property IP 59

Intepat

OCTOBER 28, 2024

Hence, the smart contract cannot be used for licensing any copyright related works. The issue involved in the case was whether the use of names and images of sportspersons to create digital player cards is a violation of their privacy and publicity rights.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

SEPTEMBER 15, 2024

Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights Bringing the dead back from their grave? The suit was transferred to the Commercial Court, which granted an ex-parte ad-interim injunction in 2018, restraining the defendants from using the impugned trademarks.

Trademark 77

Trademark Editing IP Copyright 77

IP and Legal Filings

DECEMBER 6, 2023

Shekhar Kapoor,where the former lady dacoit Phoolan Devi had protested against her portrayal in the film “Bandit Queen”,ruled that the right to privacy must encompass and protect the personal intimacies of the home, family, marriage, motherhood, procreation, and child rearing, irrespective of whether the person is a public figure.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

DECEMBER 31, 2024

Weve tried to represent a diversity of subject matter also in this list, so its a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court opined that the proviso under Section 33(1) of the Act, which mandates that license can only be issued via copyright societies, does not apply to sound recordings.

IP 105

IP Invention Patent Copyright 105