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TRADEMARKS AND TATTOOS Tattoos can also intersect with trademarklaw. For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights. MORALRIGHTS AND TATTOOS Moralrights protect artists’ personal and reputational interests.
Simply Life India (2023) (“Anil Kapoor”) (in paragraph 53), wherein the Court, had ruled in favour of safeguarding the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use.
These uncanny and exact replications of celebrity voices and visuals lead to a world of problems not just from a privacy point of view, but in general IP as well. However, this may prove difficult as in the case of granting the author rights, the moralrights provided under Section 57 of the Act are nearly impossible to enforce.
While the Constitution does not explicitly mention personality rights, In the case of Judge K.S. Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Privacy is the entitlement to be free from intrusion and and is a continuation of personal freedom.
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