IP and Legal Filings

AUGUST 26, 2024

Recently, Bollywood Director Karan Johar [1] filed a case against the makers of “Shaadi Ke Director Karan Aur Johar” for using his name in the title of their movie without permission, this lawsuit has sparked again the debate relating to personality rights in India. Topps Chewing Gum Inc. [2]

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Personality Rights Privacy Intellectual Property Law Intellectual Property 52

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.

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Privacy Personality Rights Blogging Publishing 98

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

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SpicyIP

JULY 9, 2021

Raghuram Jaisukhram Chandrani the plaintiff (a descendant of late Jalaram Bapu) had claimed that Jalaram Bapu’s right to privacy and publicity would be violated if the defendants made a film about his life. Here, there was no discussion if privacy survives an individual’s death. In Akshaya Creations v. Relying on Puttaswamy v.

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Moral Rights Privacy Personality Rights Copyright 98

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. However, the existing legislations do not seem fully equipped to address the complexities of the advent of artificial intelligence in the media.

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SpicyIP

SEPTEMBER 8, 2024

Image from here Voice Clones and Legal Tones: The Intersection of Artificial Intelligence and Posthumous Personality Rights By Julia Anna Joseph and Snehal Khemka Generative Artificial Intelligence (“AI”), a game-changing phenomenon in modern day life creates art, plans daily tasks, analyzes data, generates music, and much more.

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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.

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LexBlog IP

JULY 25, 2023

There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. In a recent development, the High Court of Delhi confirmed that the publicity rights of individuals are not inheritable and extinguished with the death of the individual/celebrity.

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SpicyIP

AUGUST 2, 2024

Explaining why and how such seemingly innocuous posts infringe on the shooter’s personality rights, we are pleased to bring to our readers this post by SpicyIP intern Tejas Misra. Personality Rights: Publicity or Privacy?

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SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. The plaintiff censured the defendants for violating privacy, right to publicity, free and fair trial, also invoking the Ashok Kumar jurisdiction of the court. Brief facts. Court’s reasoning.

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Intepat

NOVEMBER 4, 2024

While AI-generated prompts streamline our daily lives, they also pose significant privacy risks. The more streamlined and personalized the responses, the more data is stored in databases, which AI then draws on to create future responses. This data can range from personal to general information. Rajagopal v. State of Tamil Nadu.

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Intellectual Property Privacy Intellectual Property Law Personality Rights 52

SpicyIP

DECEMBER 6, 2024

V Shrinivasan: “Will”ing Posthumous Privacy/Publicity Rights into Existence By Bharathwaj Ramakrishnan In a recent interim order (see here for a news report on this development, and for the Order see here ( pdf )) issued by the Madras HC in the case of Music Academy v. His previous posts can be accessed here.

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The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

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Garrigues Blog

JULY 11, 2022

The Supreme Court has again ruled on the protection of the personality rights of deceased celebrities. Analyzed in conjunction with the previous Dalí judgment, this new ruling may introduce some uncertainty as to the post mortem scope of protection of such rights. La entrada A blow to image rights?: Ricardo López Alzaga.

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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.

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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. Michael Madow, Akshat Agrawal in this three part post lists out where the justifications for these rights fall flat. This and a lot more in this week’s SpicyIP Weekly Review.

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Personality Rights Trademark Social Media Patent Law 104

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. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. The Ninth Circuit affirms in a memorandum opinion.

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Privacy Contracts Personality Rights Litigation 116

The IPKat

NOVEMBER 26, 2022

It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced. Just a few days after CNIL , however, the CJEU ruled once again on the territorial scope of injunctions relating to the protection of rights online.

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SpicyIP

JANUARY 2, 2022

An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

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SpicyIP

SEPTEMBER 12, 2024

The book structure can be divided into four parts, with the first three analysing the overlap of patents, copyright, and trademarks, with other IP rights, respectively. There is one titled “Overlaps between Copyright, Rights of Publicity, and Personality Rights” authored by Tyler T.

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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.

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Personality Rights Copyright Patent Copyright Infringement 97

The IPKat

AUGUST 9, 2021

On the one hand, there are privacy and data protection concerns, as this is a particularly intrusive form of data processing. As a next step, the SPC Provisions enumerate certain activities that infringe the personality rights and interests of natural persons. Likewise, many regulatory ventures focus on security.

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Kluwer Copyright Blog

APRIL 29, 2024

The judicial reasonings ignored copyright legal provisions, applying cultural heritage law and taking a long-arm approach to cherry-picked legal norms (such as personality rights) to give significant leeway to the Italian government and cultural institutions to decide whether and to what extent reproductions of cultural heritage can be used freely.

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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.

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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? 19 further provides the fundamental right to ensure the freedom of speech and expression of an individual.

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IP and Legal Filings

NOVEMBER 23, 2023

[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. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

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McBayer IP Blog

AUGUST 17, 2021

Posted In Intellectual Property , Name, Image, and Likeness , Publicity Rights Believe it or not, there are no federal statutes or case laws protecting your exclusive right to the use of your name, image, and likeness (NIL) or any other defining factor of your identity, such as your voice or signature.

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Television Personality Rights Intellectual Property Privacy 52

The IPKat

SEPTEMBER 24, 2023

But the world does not end with "creator's rights." If someone invades your privacy, you can enforce your personality rights. Everything that is distinct from the person and serves the use of people can be protected ( ABGB § 285 ). If someone competes unfairly with you, there is unfair competition law.

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Olartemoure Blog

JULY 17, 2024

However, these rights can be limited by the tattoo bearer’s personality rights, as seen in some legal cases in Belgium. Personal use, parody, and incidental inclusion are common defenses. EXCLUSIONS AND DEFENSES TO IP INFRINGEMENT Several defenses exist for IP infringement in tattoos.

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LexBlog IP

MAY 2, 2022

Personal Branding. What is Right of Publicity? Who is affected by the Right of Publicity? Personal Rights vs. Property Rights. The implications of the Right of Publicity. The two rights are often confused because they both relate to the control of an individual’s name and image.

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Personality Rights Branding Brands Branding 52

Selvam & Selvam Blog

MARCH 28, 2022

In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’. Therefore, an integral issue that needs to be addressed is whether the personality rights of a player are infringed by using their names in fantasy sports.

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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.

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Selvam & Selvam Blog

APRIL 5, 2022

Personality Rights. Also referred to as publicity rights, it is defined as the right of a person to his/her own personality and provides for the right to control commercial use of one’s human identity. Indian courts have over time recognized personality rights of celebrities in different judgments.

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Intepat

OCTOBER 28, 2024

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. Issues Pertaining to the Use of NFTs in Copyright Firstly, there is no legislation to regulate the NFTs in India.

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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”.

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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.

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Personality Rights Privacy Social Media Intellectual Property 77

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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