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International Variations: Similar rights exist in other countries, often referred to as “personalityrights” or “rights of persona.” Are you a socialmedia influencer or brand looking to hire a socialmedia influencer? 3d 1268, 1273 n. 4 (9th Cir.
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.
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 personalityrights.
In a guest post , Satchit Bhogle covered the issue of infringement of personalityrights. It is noted that the test for identifying infringement of personalityrights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties. Terex India Private Limited vs Cde Asia Ltd. &
On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. The court held this to be a misuse of a personality’s name and other elements of the plaintiff’s persona and passed an interim injunction restricting the defendants from using the plaintiff’s name, likeness, image, voice, personality.
The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on socialmedia. Case Summaries Dolphin Mart Private Limited v. Avenue Supermarts Limited & Anr.
The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.
Akshat is a practicing litigator working at Saikrishna and Associates. Views expressed here are personal.] “It Protects Their Hard-Earned Reputation” The Claim : Celebrities have valuable personalityrights due to their immense goodwill and reputation. [This three part post is authored by Akshat Agrawal.
In recent times, the Delhi High Court has been spewing out decisions involving the PersonalityRights of celebrities. We had the Anil Kapoor decision last year and similar rulings followed in 2024 dealing with the rights of Jackie Shroff , Vishnu Manchu , Arijit Singh.
In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personalityrights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? The Curious Question 2—What About the Doctrine of Laches?
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