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

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

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 92

Personality Rights Privacy Social Media Intellectual Property 92

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

FEBRUARY 6, 2025

When it discusses whether the suit contemplates any urgent interim relief, the Court, at two places in the judgement, borrows language and factors from Trademark law to justify the need for urgent interim relief in a suit involving Copyright infringement. This brings us to an interesting situation.

Copyright 59

Copyright Intellectual Property Copyright Infringement Trademark Law 59

SpicyIP

DECEMBER 31, 2024

T Series And Another vs M/S Dreamline Reality Movies on 22 February [Punjab and Haryana High Court] The case concerned the adaptation of late Jaswinder Kaurs biography into a cinematographic film and deals with interplay of copyright with personality rights. The judgement was passed by Justice B. Nagarathna and Justice Sanjay Karol.

IP 105

IP Invention Patent Copyright 105

IP and Legal Filings

DECEMBER 6, 2023

Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

SpicyIP

JULY 10, 2024

What Constitutes ‘ use’ of a Trademark While the Commercial Court appears to have sided with the respondents (Shane Ali) after prima facie finding the mark used in the film to be deceptively similar to the NBC logo, what appears to have been overlooked, is that there was no ‘use’ of trademark in the first place.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49