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 Trademark Blogging 45

SpicyIP

DECEMBER 20, 2023

So, before 2023 turns into yesteryear, let’s see what the past Novembers on SpicyIP (2005 to present) have offered. While there has always existed an arguable case for personality rights in India, the winning stakes have gotten higher and clearer over the years. Sounds “Jhakaas!” see also Sourav Ganguly vs Tata Tea ).

Personality Rights 59

Personality Rights IP Licensing Copyright 59

SpicyIP

OCTOBER 29, 2024

Alleging infringement of his moral rights, misappropriation of his personality rights, defamation, unfair competition, and passing off, Manchu filed the present suit seeking directions from the Court to take down the content by these Youtubers and John Doe(s).

Personality Rights 94

Personality Rights Moral Rights Privacy Intellectual Property Law 94

SpicyIP

AUGUST 26, 2024

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 personality rights.

Personality Rights 108

Personality Rights Privacy Copyright Trademark 108

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. Part II: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet……. This and a lot more in this week’s SpicyIP Weekly Review. The Show Must Go On? The Show Must Go On?

Personality Rights 89

Personality Rights Trademark Social Media Patent Law 89

SpicyIP

JULY 27, 2023

Factual Background The case at hand involved the plaintiff seeking an interim injunction against the defendants to restrain them from using the name/likeness of the late actor unauthorizedly through the release of the impugned film amounting to infiltration of personality rights, violation of free trial, passing off et al.

Privacy 96

Privacy Personality Rights Blogging Publishing 96

SpicyIP

JULY 9, 2021

(hereinafter Priyanka) She had notified Facebook and Instagram regarding the presence of infringing sound recordings on their platform, but they failed to takedown it down and hence, the present suit. In the present case, people had been posting Shankar’s sound recordings accompanied by his name on Facebook and Instagram.

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

SpicyIP

NOVEMBER 3, 2024

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personality rights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.

Trademark 101

Trademark Registering Trademarks Personality Rights Copying 101

IP and Legal Filings

JULY 23, 2024

Following a similar line, the Indian courts have decided that while under the Indian Copyright Law, 1957 it is difficult to trace the copyright of voice; however, the right to protection of voice and other personality rights may be awarded against any use for commercial benefits.

Music 59

Music Copyright Personality Rights Technology 59

IP and Legal Filings

JANUARY 31, 2024

In such a situation, public disclosure of even true private facts may amount to an invasion of the right of privacy which may sometimes lead to the clash of one persons “right to be let alone” with another persons right to be informed.28.

Privacy 97

Privacy Personality Rights Confidentiality Law 97

SpicyIP

AUGUST 6, 2024

Codible Ventures LLP , marking a big step in the protection of artists’ personality rights against the unauthorised use of their voices by artificial intelligence (AI) tools. Second , in different places, the Court has used the language “Personality rights and right to publicity”.

Personality Rights 104

Personality Rights Moral Rights Music Technology 104

Selvam & Selvam Blog

NOVEMBER 30, 2022

The counsel on behalf of Mr Bachchan alleged that the defendants were violating the famous actor’s ‘publicity rights as a celebrity’ which have been recognised earlier by the court in Titan Industries Ltd. The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement.

Personality Rights 52

Personality Rights Television Registration Technology 52

The IPKat

SEPTEMBER 22, 2023

The beauty of this book is that the authors have taken all the above into consideration and have presented this book with deliberate simplicity and yet deep in scope and analytical preponderance. Chapter two presents the legal and policy framework for IP protection at the international, regional and domestic levels.

Intellectual Property Law 78

Intellectual Property Law Intellectual Property Law IP 78

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. The plaintiff sent legal notices to the defendant but received no reply and thus filed the present suit and sought ad interim reliefs. Primestack Pte.

Social Media 98

Social Media Trademark Licensing Music 98

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 73

Personality Rights Privacy Social Media Copyright 73

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. It’s always disappointing to see the Ninth Circuit take this approach when the case presents a thorny issue.

Privacy 108

Privacy Contracts Personality Rights Litigation 108

SpicyIP

MAY 20, 2024

Raising some concerns with this finding, we are pleased to present to you this guest post by Dhruv Vatsyayan. Reckitt & Colman (Overseas) Hygiene vs Bhateshra Bechara Hirabhai on 13 May, 2024 (Delhi High Court) The plaintiffs filed the present suit against the defendant’s use of the marks ‘Airwick’ and “Airwoc’. Warner Bros.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

SEPTEMBER 12, 2024

I must admit, this review is very long overdue, mostly due to my own inability to stop diving into rabbit holes of thought and information based on the dozens of unique clashes and overlaps presented in the book. The 2nd edition presents a revised version, updated with the latest developments that have occurred in the last decade.

Editing 73

Editing Intellectual Property Privacy IP 73

SpicyIP

SEPTEMBER 25, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Passing the present order, the court clarified that the application for interim injunction cannot be kept pending and requires prima facie findings on merit.

Cease and Desist 103

Cease and Desist Copyright Infringement Invention Social Media 103

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? Also, in Sourav Ganguly v. Tata Tea Ltd.

Brands 98

Brands Branding Branding Personality Rights 98

Selvam & Selvam Blog

AUGUST 6, 2024

Codible Ventures LLP and Others , the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. The suit also involved a claim for the violation of his moral rights under Section 38B of the Copyright Act, 1957. In a recent judgment in the case of Arijit Singh v.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

Intepat

OCTOBER 28, 2024

However, this emerging digital marketplace presents intellectual property challenges that mirror—but also differ from—those found in the physical world. 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.

Non-Fungible Tokens 52

Non-Fungible Tokens Copyright Contracts Ownership 52

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! The application of this principle to this case is easy: the elements that Defendants allegedly copied from Coscarelli’s cookbooks are primarily lists of ingredients and directions for combining them. Case citation : Coscarelli v.

Copyright 143

Copyright Social Media Copying Blogging 143

IIPRD

AUGUST 11, 2023

INTRODUCTION [Image Sources: Tokyo National Museum] Manga can be best defined as sequential art presented with an illustrative narration of a story. 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

JANUARY 2, 2022

The present case clarified that there is a distinction between cases directly arising from IPR issues and those arising from indirectly connected matters. The petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading.

IP 142

IP Intellectual Property Copyright Trademark 142

Kluwer Copyright Blog

APRIL 5, 2023

On appeal from an earlier order, the present ruling affirmed the Court of Venice’s competence to rule on the infringing conduct, i.e., the use of the work’s image to produce and distribute puzzles faithfully reproducing it by all the companies of the Ravensburger group. Nonetheless, this case is anything but balanced.

Public Domain 98

Public Domain Copyright Law Artwork 98

SpicyIP

NOVEMBER 19, 2023

Considering that the defendant was using the mark for identical goods, and targets the same consumers, the court passed the present order. A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Pernod Ricard India Private Ltd.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

U.S. Department of Commerce

JUNE 23, 2022

He recently taught a course on respondent contact, as well as led Economic directorate presentations on communication and ways to reduce respondent burden. Supporting Pride month means supporting LGBTQIA+ individuals and seeing them as authentic people deserving of civil rights and protections.

Personality Rights 90

Personality Rights 90

SpicyIP

JULY 19, 2021

In the event of assignment of rights, any person wishing to legally record a film would have to additionally obtain written permission from the author aside from the permissions already needed from the present copyright owner. Not obtaining the author’s consent might lead to heavy penalties.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

AUGUST 9, 2021

Already enacted and practically significant , but legally non-binding is the “Personal Information Security Specification” of 2020, which similarly categorises “facial recognition features” as sensitive personal information and requires explicit, unbundled consent and specific security measures.

Technology 124

Technology Privacy Law Litigation 124

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

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 120

IP Copyright Trademark Intellectual Property 120

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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 94

Trademark Personality Rights Registration Business 94

The IPKat

DECEMBER 17, 2021

It’s now wait-and-see how it pans out… In February , Namibian Business and Intellectual Property Authority (BIPA) advised that they are in the process of finalizing a new legal framework for copyright protection in Namibia, which would see the repeal of the Copyright and Neighbouring Rights Act 6 of 1994.

IP 92

IP Patent Intellectual Property Inventor 92

SpicyIP

JULY 29, 2021

Applied to the present instance, no matter how artistically a letter is written, as long as the aesthetic embellishment cannot be separated from the functional aspect, i.e., the letter, i.e., the font is unprotectable. Shivam is a recent graduate of the Banaras Hindu University, Varanasi.

Copyright 126

Copyright Artistic Work Copyright Law Law 126

IPilogue

NOVEMBER 17, 2021

the Federal Court ruled that legal protection of works is not restricted based on the medium in which it is presented. The court ruled that the tattoo artist did in fact own the copyright in his tattoo design; however, he was limited by the personality rights of the person he tattooed. Of note, in DRG Inc.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102