IP and Legal Filings
MARCH 5, 2025
1] And since, the creator, consumer and subject of the content are distinctly different-the potential lack of empathy or misapprehension by the consumers towards the subject, based on the creators potrayal, necessitate a discussion of the subjects privacy and personality rights.
SpicyIP
AUGUST 26, 2024
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 personality rights.
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Technology & Marketing Law Blog
DECEMBER 27, 2021
It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. this article ) and is now generating truckloads of cash for many lawyers.
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. This case addresses the often-relevant question of whether counsel can compromise a client’s rights through use of a site or agreement to a terms of service.
SpicyIP
AUGUST 22, 2021
In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
IP and Legal Filings
FEBRUARY 23, 2023
However, some issues owing to their subject matter, may not be arbitrable, and it may even be argued that some disputes cannot be resolved through arbitration and that litigation is the only option. Both parties are prohibited from using their domestic litigation benefits. The Drawbacks of Using ADR ADR is not without its flaws.
The IPKat
MAY 29, 2023
With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Ochoa authors Chapter 9, which is devoted to the overlaps between copyright and the rights of publicity or personality rights.
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