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Every day we come across many such influencers and celebrities endorsing products wherein the personality of an individual is traded either by validation or without. Living in an era where influential personalities are reverenced, fortifying PersonalityRights from any such misuse is a must. PERSONALITYRIGHT.
Considering the same, the Courts have started providing remedies under the scope of personalityrights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.
These provisions are in place to ensure that the rights of an owner are not infringed and disputes are avoided. Image Sources: Shutterstock] Copyright- The Copyright Act provides for registration of original literary dramatic, musical and artistic works, including cinematography and sound recordings.
The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.
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? Under this Act, Sec.
Part Two: This part is the core of this work as it lays out in chapters 3-9 many of the emerging issues in IP law such as the protection of plant varieties, traditional knowledge, TCEs, GR and GIs, personalityrights, among others. Chapters 19–21 discussed industrial designs protection in a very elaborate manner.
Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s orders in the Pertuzumab patent dispute, order concerning personalityrights of the Telugu movie star Vishnu Manchu, and Madras High Court’s decision on burden of proof in patent revocation cases.
6, Raghu Sharma, is the registrant of the website www.amitabhbachchan.com, while defendant no. 8, Mahesh Patel is the registrant of the domain name www.amitabhbachchan.in The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement. Defendant no.
Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in PersonalityRights cases. Anything we are missing out on?
The defendant had applied for registration of the ASTELLAZ PHARMACEUTICALS mark to which the plaintiff filed an opposition. The rectification petition was filed by the plaintiff who hold registration of the mark JAVA. The plaintiff is the owner of the registered mark ASTELLAS. Oracle America, Inc., The defendant no.
Case Summaries Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (Delhi High Court) Image from here The Plaintiff sought protection of his personalityrights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.
Meanwhile, there was a case where the Delhi High Court struck down Section 24(5) of the Plant Varieties Act which which allowed the registrar to issue interim directions against third-party abuse during the plant variety registration process. Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.
Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personalityrights. The Court reiterated that celebrities are entitled to protect facets of their personality against unauthorized commercial exploitation by third parties.
Generally, such fantasy games have no registration fee in order to attract as many participants as they can, although there are those that charge a fee as well. With the rapid emergence of technology, fantasy games can be accessed on a variety of platforms or personal devices.
There is no registration fee for any of the seminars. Though he applied in 1992, registration was granted only in 2020. Further, he had challenged the plaintiffs trademark registration, and thus sought a stay under S.124 Read the post for more details. Citing Jaisuryas Retail Ventures v. 124 of the Act.
[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 personalityrights. Sarl a A Sarogi , where the Court affirmed the position on descendability of publicity rights.
The respondent had obtained registration of the mark ‘NIPPU’ in 2018 on a ‘proposed to be used’ basis. The petitioner had adopted and registered the mark ‘NIP’ in the year 1975 and used the same in respect of dishwash bar, gels, powder, cleaners and detergents.
Image Sources : Shutterstock] Legal rights in domain names can be derived from these sources: registration of the name as a trademark ; prolonged use of the name for trading; or the biological name of a person. The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith.
The plaintiff also alleged that the examination of impugned trademarks was faulty, registration should have been denied under Section 11(1)(b) of Trade Marks Act, 1999. In response, the present rectification petition was filed to remove the subject registration. Alimentary Health Ltd. The Peppy Stores & Ors.
Delhi High Court Rulings on Celebrity Rights Galore: Examining the Rajat Sharma and Mohan Babu Orders Celebrity (Rights) in the News Again: Rajat Sharma and Mohan Babu approached the court seeking permanent injunction restraining infringement of their personality and publicity rights.
Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines.
Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.
the Bombay Court recently took a pro-publicity and -personalityrights 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 personalityrights.
She highlights that the Court refused to afford post mortem protection to personalityrights of the actor. Nishtha emphasises that in determining whether the deceased possessed personalityrights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personalityrights, and multiple leaks of key documents and their contribution in law-making. Relying on this, the defendant was able to obtain the impugned copyright registration. Inventprise Inc.
Recently, the courts have also recognized the commercial right over one’s personal data as a part of intellectual property rights. These commercial rights, also known as personalityrights, seek to protect the personal data of celebrities from potential misuse. Rajagopal v. State of Tamil Nadu.
June saw a serious push in favour of getting services from Zambia’s Patents and Companies Registration Agency (PACRA) online in efforts to curb the spread of COVID. PACRA is the executive agency which administers IP statutes and is mandated to register IPRs in Zambia. In July , PACRA released and published its 2021 – 2026 Strategic Plan.
This prompted a surge of registrations for well-known French crafts, such as Laguiole knife [ IPKat here ] or Basque linen. Immediately after the adoption of the 2014 Law, producers of Limoges porcelain started preparing the registration file. They applied for registration of ‘Porcelaine de Limoges’ on 8th of June 2017.
Arijit Singh, a globally recognized award-winning Bollywood playback singer and composer wanted to protect his publicity and personalityrights, after the misuse of AI technology to create deepfake recordings of his voice, misleading events that falsely implied his endorsement, and the registration of domain names bearing his name.
The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration. He also explains the history of why utility models never became an EU-wide right. The analysis is offered from the US, the UK, and the EU perspectives.
Section 14 of The Trade Marks Act, 1999 : Section 14 states that in cases where there is an application for registration of a trade mark which falsely suggests a connection with any living person, or any person whose death took place within twenty years prior to the date of application for registration of the trade mark and the applicant does not have (..)
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.
In particular, the EUIPO revoked two International Registrations and appeals are pending before the General Court (cases T-1103/23 and T-1104/23 ). In 2015, the applicant filed for registration of German trade mark no. However, personalityrights do not play a role with respect to the trade mark Testa Rossa.
2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country.
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