LexBlog IP

NOVEMBER 9, 2021

Jokes aside, the title of today’s post is “Your Face, is My Case,” because we’re talking about likeness and image rights, sometimes collectively referred to as “personality rights.” Student athletes are allowed to fully control their personality rights and make money licensing them.

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The IPKat

AUGUST 31, 2024

the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. In essence, Arijit Singh lamented a troubling array of violations of his publicity and personality rights.

Personality Rights 130

Personality Rights Moral Rights Music Technology 130

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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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? It can include their face, voice, characteristics and distinctive qualities or attributes.

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Branding Brands Branding Personality Rights 105

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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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 Design Designs 52

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?

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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 98

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.

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Privacy Personality Rights Moral Rights Copyright 105

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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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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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.

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IP Intellectual Property Copyright Trademark 143

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

The IPKat

SEPTEMBER 4, 2024

Overall, after Fauré Le Page Paris appealed to the Cour de Cassation where it referred the related questions on Art. The court ruled in favour of Singh and said that publicity and personality rights are legally recognized in India and that unauthorized use of one’s own personal attributes may breach such rights.

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Personality Rights IP Copyright Art 57

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.

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Law Privacy IP Personality Rights 142

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.

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Marketing Marketing Social Media Personality Rights 40

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.

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IP and Legal Filings

JULY 23, 2024

This scenario begs ethical and legal questions about the use of voices for misleading reasons as well as a global discussion on the boundaries of artificial intelligence, particularly with reference to voice cloning. REFERENCES Prachi Pat, AI Voice Enters the Copyright Regime: Proposal of a Three-part Framework, 34 Fordham Intell.

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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.),

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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.

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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.

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Intellectual Property Invention Intellectual Property Law Personality Rights 52

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.

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Intellectual Property Privacy Branding Brands 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.

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Technology Privacy Law Litigation 127

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.

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Moral Rights Intellectual Property Settlement Copyright 105

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.

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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’.

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Trademark Personality Rights Privacy Licensing 52

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.

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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.

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Art IP Intellectual Property Copyright 52

SpicyIP

DECEMBER 6, 2024

The Court in the Deepa Jayakumar case , concluded that the principle applied to the right to privacy/publicity since it is a right arising in tort law and hence, the right to privacy/publicity is extinguished with the persons death. Even though the Late M.S Property or Tort, or Does It Even Matter?

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Privacy Music Law Personality Rights 59

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.

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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.

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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 Copyright 83

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 Law 126

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.

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Personality Rights Moral Rights Privacy Blogging 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

Traverse Legal Blog

OCTOBER 24, 2024

International Variations: Similar rights exist in other countries, often referred to as “personality rights” or “rights of persona.” ” Your Right of Publicity, Name and Likeness A claim for violation of Right of Publicity can be either statutory or common law and varies state by state.

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