IAM Magazine

DECEMBER 14, 2022

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

Personality Rights 52

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IAM Magazine

DECEMBER 14, 2022

Using company designations in customer reference lists without explicit authorisation is grounds for infringement, Munich’s regional court has held. However, this ruling does not guarantee that further reimbursement will be granted.

Personality Rights 52

Personality Rights Designs Design 52

IP and Legal Filings

JANUARY 31, 2024

State of Uttar Pradesh (AIR 1963 SC 1295) case, the Court considered the power of the police to monitor history sheeters and found in the police’s favor, holding that the Constitution does not guarantee the right to privacy. Disclosure of even true private facts has the tendency to disturb a person’s tranquility.

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Privacy Personality Rights Confidentiality Law 92

SpicyIP

JULY 9, 2021

referring to the DM Entertainment v. But if it’s a personal right, then it obviously ceases with the individual’s demise. In DM Entertainment , Daler Mehndi had assigned all his rights and interests in his personality to the entity, DM Entertainment. Can publicity rights survive after a celebrity’s death?

Moral Rights 98

Moral Rights Privacy Personality Rights Copyright 98

Kluwer Copyright Blog

JUNE 14, 2023

In the Tribunale di Firenze’s decision, while the reference to the constitutional norm seems to represent a mere rhetorical exercise, the content of the exclusive right would be traceable in the provisions of the Cultural Heritage Code. The Tribunale di Firenze applied the Italian law: art. 9 of the Constitution , art.

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Public Domain Intellectual Property Art Personality Rights 98

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Personality Rights. Indian courts have over time recognized personality rights of celebrities in different judgments. Tata Tea Ltd (CS no.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Intepat

DECEMBER 26, 2023

Broadly, AI refers to the capability of performing tasks or processing information using its own intelligence, algorithms, or commands, independent of human intervention. student from Hidayatullah National Law University.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

SpicyIP

MAY 3, 2023

are typically objected to on the grounds of personality rights (publicity rights, celebrity rights, by other names), privacy and (to a limited extent) defamation. Accordingly, reputation, in line with its usage in defamation law, is the regard or esteem in which a person is held by others.

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Moral Rights Personality Rights Copyright Privacy 114

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 64

Personality Rights Privacy Social Media Copyright 64

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? However, Indian law has indirect references for the protection of publicity rights.

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Branding Brands Branding Personality Rights 98

SpicyIP

JULY 29, 2021

Typeface’ refers to the particular design of letters, numbers, marks and symbols. What we colloquially refer to as ‘font’ is actually the typeface as font changes with the size, italic, bold, and style. Shivam is a recent graduate of the Banaras Hindu University, Varanasi. Before we begin, let me lay down the glossary for this post.

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Copyright Artistic Work Copyright Law Fair Use 126

The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. 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 ).

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Copyright Derivative Work Music Copying 138

IIPRD

AUGUST 11, 2023

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. They already face a hard time protecting their rights due to the already existing illegal indulgence of the fans, this will add on to their misery.

Art 52

Art IP Intellectual Property Copyright 52

IP and Legal Filings

APRIL 8, 2023

Cable, Video & Music Piracies The illegal production and sale of videos/movies are referred to as video piracy. After reviewing similar relevant cases and precedents, the court dismissed the suit, ruling that celebrity rights cannot be granted or recognized without regard for the actual concept of The Right to Privacy.

Privacy 79

Privacy Law Intellectual Property Music 79

IPilogue

DECEMBER 9, 2021

However, while memes reference and communicate with one another, any changes beyond the trivial and mechanical may meet the originality threshold, even if the later work infringes the earlier. They must demonstrate only that their expression required skill and judgment. While one image or video is fixed, collections are constantly changing.

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

IP and Legal Filings

NOVEMBER 23, 2023

which follow and have codified legislation on publicity rights in general for sports. sports/singapore-billionaire-acquires-ronaldo-image-rights [7] Business-standard.com/sourav-ganguly-slaps-damage-suit-on-tata-tea [i] The Constitution of India, 1950, art.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

SpicyIP

MAY 3, 2023

In this regard, it’s important to distinguish reputation in the context of defamation, from the reputation limb of the integrity right. In defamation, the cause of action cannot be exercised posthumously. Thus, while evidentiary obstacles such as the above can be overcome, on a practical level, posthumous enforcement raises more questions.

Moral Rights 105

Moral Rights Intellectual Property Settlement Copyright 105

IP and Legal Filings

MAY 23, 2023

In considering whether this was a case of passing off, the court referred to Montari Overseas vs. Montari Industries Ltd. [2] The right to use the name “Arun Jaitley” vested with the plaintiff alone on account of being a well-known mark and the plaintiff’s personal right and entitlement to use his personal name.

Business 52

Business IP Registration Trademark 52

SpicyIP

AUGUST 16, 2021

When they do that, they open themselves up to accusations of unauthorisedly infringing on the athlete’s personality rights. But the patriotism of FMCG and other companies, entities who have personality and nationality only by legal fiction, is less certain. The landmark judgement in this regard is D.M. Entertainment Pvt.

Social Media 72

Social Media Personality Rights Law Branding 72

SpicyIP

JULY 13, 2021

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. While not empirically provable, on a quick google search, it would naturally appear to any person as if the film is based on SSR.

Privacy 105

Privacy Personality Rights Moral Rights Copyright 105

SpicyIP

MAY 20, 2024

The Court analysed the jurisprudence of comparative advertisement, ‘overall effect’ test and referred to multiple case laws to conclude that the act of the defendants mislead and disparage plaintiff’s products due to strong association of blue colour with plaintiff’s products within the public. emphasizing on person skilled in the art.

Trademark 45

Trademark Advertising Advertising Copyright 45

Kluwer Copyright Blog

APRIL 5, 2023

which refer to a person’s rights to name and image. On top of that, as the case demonstrates, the public domain may receive other threats from an aggressive extension of the scope of personality rights. Setting aside the private international law aspects, the case deserves examination on two main grounds.

Public Domain 98

Public Domain Copyright Law Artwork 98

Selvam & Selvam Blog

MARCH 28, 2022

Fantasy Sports refers to an area of online gaming wherein participants put together virtual teams composed of proxies of current professional players within a league and play for points and/or money. In addition to trademarks, the players are entitled to certain rights which are covered under the arena of ‘publicity rights’.

Trademark 52

Trademark Personality Rights Privacy Licensing 52

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. 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. Durga Trading Corporation was clarified in this case.

IP 143

IP Intellectual Property Copyright Trademark 143

SpicyIP

JULY 19, 2021

She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

JUNE 4, 2022

Last month, the Supreme People’s Court of China (SPC) released nine Typical civil cases of judicial protection of personality rights after the promulgation of the Civil Code of China. The 5th case is relevant in defining the threshold for protection of the right of likeness. Case reference (Civil Judgment No.

Personality Rights 78

Personality Rights Music Advertising Advertising 78

IP and Legal Filings

FEBRUARY 23, 2023

It should be emphasised, however, that these clauses do not specifically preclude arbitration, and issues relating in personal rights are arbitrable. References [i] Civil appeal No. As a result, such provisions may generate considerable misunderstanding in this field. Author: Niyati Vishwakarma, A student of BALLB(Hons.),

Intellectual Property 87

Intellectual Property Confidentiality Litigation IP 87

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

The IPKat

NOVEMBER 26, 2022

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. It did so in Glawischnig-Piesczek v Facebook Ireland. All this has the potential to constrain significantly the actual scope and effectiveness of extraterritorial injunctions.

Law 141

Law Privacy IP Personality Rights 141

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 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

OCTOBER 1, 2023

In a “Jhakaas” (a slang for fantastic) news for the actor Anil Kapoor, Delhi High Court granted the actor an interim injunction against use/ misuse of his personality rights. Image from here Image Rights Alright—But Can They Trump Established Rights and Doctrines? But there is an exception to the exception. Simply none.

Personality Rights 111

Personality Rights Non-Fungible Tokens Copyright Social Media 111

SpicyIP

JULY 10, 2024

have established the defence of De Minimis Non Curat Lex (the law cares not for small things) where minor and often short references to copyrighted works used in for-profit but expressive content is excused. Conclusion Claims that expressive works infringe intellectual property rights are not new. and Shemaroo Entertainment Ltd.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

IP and Legal Filings

DECEMBER 6, 2023

Author: Sonakshi Pandey, A Student at Symbiosis Law School in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing References Image Rights of Famous Persons Vis-à-Vis Right to Privacy : an Analysis under the Intellectual Property Laws in India and other Countries, 5.1

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Privacy Intellectual Property Law Intellectual Property Advertising 100