Selvam & Selvam Blog

APRIL 5, 2022

When used strategically, social media becomes one of the most powerful tools of digital marketing. With the evolution of social media, the concept of moment marketing has also become increasingly common. But what exactly is moment marketing? However, the concept of moment marketing is not new. Personality Rights.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

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?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

Kluwer Copyright Blog

APRIL 29, 2024

In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain. Building and enhancing the EU Digital Single Market is a quintessential component and the raison d’être of the EU law provision.

Public Domain 132

Public Domain Artwork Copyright Marketing 132

The IPKat

APRIL 7, 2025

The mere accessibility of a website and the consideration that there is always the possibility that non-German-speaking consumers residing in Germany might prefer a foreign website primarily aimed at the non-German market does not constitute a sufficient domestic connection. Not implementing geo-blocking (i.e.

Copyright 64

Copyright Copyright Infringement Art Intellectual Property 64

SpicyIP

FEBRUARY 17, 2025

Additionally, it is right-holder centric favouring authors and encouraging them to control the use of their works in new markets. The unauthorized commercial exploitation of Late Ratan Tatas name and image was also recognized as a violation of personality rights. vs Dr. Rajat Shrivastava & Ors.

Trademark 59

Trademark Copyright Registration Personality Rights 59

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. appeared first on Technology & Marketing Law Blog. Judge Chen (of the Northern District of California) answered this question “no”. Facebook.”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

The IPKat

NOVEMBER 6, 2023

While it appears to be easier to waive moral rights in common law countries, the continental European tradition is more focused on protecting the author’s personality rights, which encompass moral rights. The right of attribution is particularly important for photographers and their licensees.

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Esquared appeared first on Technology & Marketing Law Blog. Case citation : Coscarelli v. Esquared Hosp. , 18-CV-5943 (JMF) (S.D.N.Y. The CourtListener page. The operative First Amended Complaint , para.

Copyright 144

Copyright Social Media Copying Blogging 144

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

SpicyIP

DECEMBER 23, 2024

The plaintiffs are owners of the suit patents, the claims of which cover Tofacitinib and that Tofacitinib is the active pharmaceutical ingredient of the product marketed under the name Xeljanz. . & Ors. vs Everest Pharmaceuticals Limited & Ors. Xeljanz was launched in India in the year 2016.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Kluwer Copyright Blog

JUNE 14, 2023

As in the Tribunale di Venezia and Tribunale di Firenze’s decisions, the idea is to transform the State into a commercial actor competing with other companies in the market of the commercial reproduction of cultural heritage images. The decisions of both the Tribunale di Venezia and the Tribunale di Firenze share some conceptual confusion.

Public Domain 98

Public Domain Intellectual Property Art Personality Rights 98

SpicyIP

AUGUST 12, 2024

PART I] Synthetic Singers and Voice Theft: BomHC protects Arijit Singh’s Personality Rights In a first of its kind order in India, the BHC restrains AI platforms from using likeness of famous singer Arijit Singh, finding them to prima facie infringe his personality rights. Read on below to know more.

Trademark 104

Trademark Personality Rights Registration Business 104

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Therefore, the need to safeguard one’s name becomes apparent, and Intellectual Property Rights offer a means to address this concern. These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

The IPKat

SEPTEMBER 4, 2024

AGA Rangemaster Group Limited (AGA) objected to the sales and marketing activities of a company, which sold second-hand AGA cookers retrofitted with an electronic control system. Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. 3(1)(g) TMD2 to the CJEU.

Personality Rights 59

Personality Rights IP Art Copyright 59

IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works.

Public Domain 98

Public Domain Copyright Law Artwork 98

IP and Legal Filings

FEBRUARY 23, 2023

It penetrates all sectors of the market and has been increasingly crucial in maintaining competitiveness. It should be emphasised, however, that these clauses do not specifically preclude arbitration, and issues relating in personal rights are arbitrable. IP can be considered to be the base of knowledge-based economy.

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

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

IP and Legal Filings

NOVEMBER 23, 2023

Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

SpicyIP

MARCH 9, 2025

It found no evidence to support the defendants claim as a permitted user and ruled that the plaintiffs registration and market presence established a prima facie case for the interim relief. Karan Johar v. India Pride Advisory Pvt.

Trademark 59

Trademark Patent Patent Application Copyright 59

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission.

Privacy 98

Privacy Law Intellectual Property Music 98

IIPRD

AUGUST 29, 2024

Recent court decisions have clarified the scope of copyright in film screenplays, personality rights, and underlying works concerning content creation and licensing in broadcasting. From DVDs to OTT, the entertainment domain has come a long way owing to rapid digitalization affecting creative authorship over their creations [1].

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

IIPRD

AUGUST 11, 2023

Afterward, the second world war did pose an interruption in the steady growth but in turn, it scaled the manga market to a whole new different level in 1947. Donjinshiisa self-published fan bookthatuses the existing manga characters violating the personality rights of the characters as was established in the famous caseof V.T.

Art 52

Art IP Intellectual Property Copyright 52

SpicyIP

NOVEMBER 19, 2023

A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. FMC faces class action lawsuits by its investors for failing to disclose information about weakening patent protection and subsequent legal defeats in markets like India, China and Brazil.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

Canadian Intellectual Property Blog

JUNE 10, 2020

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness. This stems from the idea that a person should have the exclusive right to market and/or capitalize on their personality and image.

Privacy 52

Privacy Social Media Intellectual Property Intellectual Property Law 52

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, Warhol possessed rights over the creative contributions he made, but so did Goldsmith, as her creation served as the foundation for the final artwork. Lastly, (4) it was also concluded that the market perceives Warhol’s and Goldsmith’s works as interchangeable since both could be used to illustrate the magazine.

Derivative Work 52

Derivative Work Copyright Fair Use Copyright Law 52

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.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

IP and Legal Filings

FEBRUARY 17, 2025

The Indian sports market, especially is a ground for rapid growth, with a die-hard fan base, and an ever-growing hunger for more, the market of sports is at the top of its game. Almost every facet of the sports industry is now being tapped into and marketed and Intellectual Property are valuable assets for these marketing tactics.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

The IPKat

SEPTEMBER 27, 2023

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. However, there is no federal law regarding the matter.

Personality Rights 130

Personality Rights Advertising Advertising Publishing 130

IPilogue

JUNE 3, 2022

In fact, there exist several legal implications within Intellectual Property law (“IP”), such as the common law principle of personality rights. A personality right is a proprietary right to recreate one’s self-identity using a person’s name, likeness, image and personality.

Marketing 104

Marketing Marketing Personality Rights Intellectual Property Law 104

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. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

Personality Rights 97

Personality Rights Copyright Patent Copyright Infringement 97

Intepat

MAY 16, 2023

Due to the extent of unlawful activity associated with the petitioner’s name and personality, the court granted a restraining order on 25 th November 2022 against various people and companies. What are Publicity Rights?

Brands 98

Brands Branding Branding Personality Rights 98

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

DECEMBER 29, 2024

Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.

Journalism 52

Journalism Trademark Registering Trademarks Business 52

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. The Defendant contested that the bottles were not selectively obtained and it was using recycled bottles due to shortage.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On September 20, the Delhi High Court granted relief to film actor Anil Kapoor against the unauthorised use of his image, name, voice, and other traits of his persona for monetary gain, reinforcing his personality rights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.

IP 124

IP Copyright Trademark Intellectual Property 124