SpicyIP

NOVEMBER 11, 2024

Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. The Show Must Go On?

Personality Rights 104

Personality Rights Trademark Social Media Government 104

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.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. & Anr on 2 August, 2024 (Calcutta High Court) The appellant filed an appeal against the order of the Deputy Controller of Patents rejecting its post grant opposition. Star Scientific Limited v.

Social Media 105

Social Media Trademark Licensing Music 105

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

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

SpicyIP

NOVEMBER 19, 2023

The issue here pertains to the question of whether a patent office located in one place can transfer a patent application to another office in the absence of any specific provision in the law. However, the plaintiff retorted that the work was not permanently situated in the public space.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

SpicyIP

MAY 20, 2024

The plaintiff alleged that the defendant not only manufactures the impugned product but also promotes the same on social media. The patent was rejected by the Deputy Controller on the grounds that the application did not provide exact ratio pesticide and safener being used and for lack of inventive steps.

Trademark 45

Trademark Advertising Advertising Invention 45