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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 personalityrights.
The proliferation of deepfake technology has posed significant challenges to the protection of individual identity and reputation and the recent incidents of INDIA TV and Medanta hospitals trademark infringement and deepfaked potrayals have once again re-surfaced this issue.
Among the many grounds was the court’s refusal to afford post mortem protection to personalityrights of the actor. I shall specifically be dealing with the contention around publicityrights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.
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. Golden Tobacco Ltd [Delhi High Court]. Jorawer Singh Mundy v.
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 personalityrights. 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!
These affected rights encompass personalityrights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personalityrights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.
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).
In the third part of his three part post on personalityrights, Akshat discusses the real implications of granting broad personalityrights to celebrities. PublicDomain in Peril : Publicityrights effectively privatize aspects of our shared cultural history.
Views expressed here are personal.] Ex Parte Orders on PersonalityRights 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.
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