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

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Blogging Trademark 45

SpicyIP

DECEMBER 23, 2024

SpicyIP Tidbit: Mdecins Sans Frontires suit against Dharma Productions for Jigra scene Mdecins Sans Frontires (MSF) filed a suit against Dharma Productions for using its trademark in the movie Jigra. Read this Tidbit by Md Sabeeh Ahmad discussing MSFs averments and the potential trademark questions that may arise! A liability of Rs.

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IP Trademark Registering Trademarks Personality Rights 59

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

Trademark 59

Trademark Patent Copyright Patent Application 59

SpicyIP

AUGUST 12, 2024

Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines. C2Sense, Inc v.

Trademark 104

Trademark Personality Rights Registration Business 104

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

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Case citation : Coscarelli v. Esquared Hosp. , Courier Journal.

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Copyright Social Media Copying Blogging 144

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.

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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

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. It penetrates all sectors of the market and has been increasingly crucial in maintaining competitiveness.

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Intellectual Property Confidentiality Litigation IP 98

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.

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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.

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Cease and Desist Copyright Infringement Invention Social Media 105

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

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

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.

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Intellectual Property Law Intellectual Property Law IP 90

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? Under this Act, Sec. The definition clause under Sec. Additionally, Sec.

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Branding Brands Branding Personality Rights 98

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

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

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

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. Bolt Technology v. First, in Toyota v.

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. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Sun Pharmaceuticals Industries Ltd. Jorawer Singh Mundy v.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JANUARY 10, 2025

Regarding personality rights and introducing a public interest test before granting protection to celebrities, Rebecca Cardoso, in this guest post, advocates for a balanced approach prioritizing protection against genuine harm instead of trivial grievances. Navigating Personality Rights Does Fame Have a Trade-Off?

Personality Rights 59

Personality Rights Fair Use Privacy Marketing 59

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

According to a source, the NFTs market in India will increase from $3.3 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. Income generated through NFTs is taxed at 30%. billion in 2021 to $27 billion by 2028.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

SpicyIP

JUNE 17, 2024

Highlights of the Week Initial Interest Confusion Clash: Forest Essentials Battles Baby Forest at the DHC Image from here Is it still trademark infringement if confusion regarding similar marks doesn’t carry on through to the completion of a transaction? Drop a comment below to let us know.

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Designs Design Trademark IP 59

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 Court concluded that the plaintiff had established a prima facie case and granted the injunction, restraining the defendants from manufacturing, selling, or marketing the products.

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Trademark Editing IP Copyright 77

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 decision by Punjab and Haryana High Court is also notable for explicitly stating that one needs to be a celebrity to be able to claim personality rights.

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IP Invention Patent Copyright 105