SpicyIP

MARCH 30, 2025

PART I] Personality Rights in Spotlight Once More!: India Pride Advisory Order Can a movie carrying the name of a personality be restrained from release citing infringement of personality rights? PART II] Personality Rights in Spotlight Once More!: Anything we are missing out on?

Personality Rights 59

Personality Rights Trademark Intellectual Property Copyright 59

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology. However, the existing legislations do not seem fully equipped to address the complexities of the advent of artificial intelligence in the media.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

SpicyIP

AUGUST 26, 2024

Neela Film”), issued an ex-parte ad-interim injunction against the defendants, including websites, e-commerce platforms, YouTube channels and ‘John Doe’ parties, restraining them from infringing the copyright and trademark of the makers of the popular Hindi television sitcom “Taarak Mehta Ka Oolta Chashma” (“TMKOC”). Rajat Nagi & Ors.

Personality Rights 111

Personality Rights Privacy Copyright Trademark 111

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.

Personality Rights 52

Personality Rights Moral Rights Privacy Blogging 52

SpicyIP

JANUARY 13, 2025

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 Personality Rights cases. Anything we are missing out on?

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

SpicyIP

MAY 21, 2024

Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava. Comparing the approaches of the Courts vis a vis personality rights and the right to livelihood, we are pleased to bring to you this guest post by Aditya Bhargava.

Personality Rights 45

Personality Rights Editing Trademark Blogging 45

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.

Branding 105

Branding Brands Branding Personality Rights 105

SpicyIP

FEBRUARY 17, 2025

Case Summaries Astellas Pharma Inc vs Astellaz Pharmaceuticals on 3 February, 2025 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendant from infringing its trademark. The plaintiff is the owner of the registered mark ASTELLAS. vs Dr. Rajat Shrivastava & Ors.

Trademark 59

Trademark Copyright Registration Personality Rights 59

Intepat

NOVEMBER 4, 2024

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 personality rights, seek to protect the personal data of celebrities from potential misuse. Rajagopal v. State of Tamil Nadu.

Intellectual Property 52

Intellectual Property Privacy Intellectual Property Law Personality Rights 52

JD Supra Law

APRIL 10, 2023

In the Civil Code of the People's Republic of China, which came into effect as of January 1, 2021, “personality rights” has become a major highlight for its independent codification. As a result, the protection of human dignity and personality rights has been further strengthened.

Personality Rights 52

Personality Rights Trademark 52

SpicyIP

AUGUST 22, 2021

In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. It is noted that the test for identifying infringement of personality rights is to check whether there has been unauthorised use of identity for commercial gain and if there is a likelihood of confusion.

Personality Rights 119

Personality Rights Reporting Social Media Branding 119

SpicyIP

DECEMBER 23, 2024

SpicyIP Tidbit: Mdecins Sans Frontires suit against Dharma Productions for Jigra scene Mdecins Sans Frontires (MSF) filed a suit against Dharma Productions for using its trademark in the movie Jigra. Read this Tidbit by Md Sabeeh Ahmad discussing MSFs averments and the potential trademark questions that may arise! A liability of Rs.

IP 59

IP Trademark Registering Trademarks Personality Rights 59

SpicyIP

AUGUST 12, 2024

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. C2Sense, Inc v.

Trademark 104

Trademark Personality Rights Registration Business 104

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

Trademark 59

Trademark Patent Patent Application Copyright 59

Nelligan Law

MARCH 25, 2025

Foreman turned his name into a powerful brand, protected by an extensive network of trademarks and licensing agreements. His legal team secured trademarks not only for George Foreman but also for key product lines like Lean Mean Fat-Reducing Grilling Machine, George Foremans Knock-Out Pain Relief, and George Foremans Butcher Shop.

Business 52

Business Branding Brands Branding 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

These affected rights encompass personality rights, representing a distinctive form of intellectual property that transcends mere financial considerations. Personality rights, being non-inheritable and non-assignable, highlight the personal and non-transferable essence of this form of intellectual property.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

IP and Legal Filings

APRIL 10, 2025

The current statute provides protection of these celebrity rights under trademark law, copyright law as well as passing off action for infringing the said rights. Personality Rights: Personality is an attribute through which an individual is recognized in the society, depending upon the talent they possess.

Personality Rights 52

Personality Rights Privacy Intellectual Property Journalism 52

Technology & Marketing Law Blog

DECEMBER 27, 2021

If you’re selling your personality rights, make sure you understand the implications!!! Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Case citation : Coscarelli v. Esquared Hosp. , Courier Journal.

Copyright 144

Copyright Social Media Copying Blogging 144

SpicyIP

AUGUST 4, 2024

Tejas Misra explains why and how these seemingly innocuous posts may infringe on the shooter’s personality rights. It was held that the defendant’s use of the impugned mark was infringing upon the plaintiff’s trademark rights. This and much more in this SpicyIP Weekly Review. Anything we are missing out on?

Social Media 105

Social Media Trademark Licensing Music 105

IP and Legal Filings

FEBRUARY 23, 2023

Introduction The rights which are granted to the people for their creative work are known as intellectual property rights. They provide the creator a sole, time-limited right to make use of their invention. With this, trademark holders may now defend their logos on the web as well. Paramasivam & Ors. [i]

Intellectual Property 98

Intellectual Property Confidentiality Litigation IP 98

The IPKat

MAY 29, 2023

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).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

SpicyIP

SEPTEMBER 12, 2024

About the 2nd Edition As stated in the preface to the 1st edition of the book, the idea behind the book’s theme at large, stems from a question by one of Wilkof’s students on how laws address the intersection between copyrights and trademarks and the ensuing realisation by him about the general lack of secondary sources on this issue.

Editing 81

Editing Intellectual Property Privacy IP 81

SpicyIP

AUGUST 27, 2021

The article endorses an intellectual property approach to understand the right and its infringement. This is achieved by understanding the parallels between publicity right and trademark law. Throughout the article, the author derives insights from US case laws which have had a considerable influence on Indian courts.

Law 137

Law IP Editing Intellectual Property 137

SpicyIP

SEPTEMBER 25, 2023

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 personality rights, publicity rights and elements associated with his persona like his name, voice, photographs/ likeness, dialogues, manner of dialogue delivery, gestures, signatures.

Cease and Desist 105

Cease and Desist Copyright Infringement Invention Social Media 105

IP and Legal Filings

JANUARY 27, 2025

In India, most notably videos of the popular TV personality Rajat Sharma were seen circulating online where he was seen spreading misinformation, damaging his reputation as a credible journalist. The journalist sought a permanent injunction, contending the wrongful use of AI infringed IP and personality rights.

Intellectual Property 104

Intellectual Property Music Art IP 104

IP and Legal Filings

NOVEMBER 23, 2023

Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999. iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

Olartemoure Blog

JULY 17, 2024

TRADEMARKS AND TATTOOS Tattoos can also intersect with trademark law. For example, if a tattoo features a recognizable brand logo or slogan, it could infringe on the trademark holder’s rights. These rights include the right to attribution and the right to object to derogatory treatments of the work.

Intellectual Property 52

Intellectual Property Moral Rights Art Branding 52

SpicyIP

DECEMBER 20, 2023

From Big-B Baritone to Anil Kapoor’s Jhakaas, the life of Personality rights : Since Shouvik’s 2010 post about Amitabh Bachhan’s concern over the use of his voice to sell Gutka (an addictive substance), we have come to a long way! Speaking of late movie stars, one may wonder about the posthumous enforcement of celebrity rights.

Personality Rights 59

Personality Rights IP Licensing Copyright 59

The IPKat

SEPTEMBER 22, 2023

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, personality rights, among others. There is no doubt that the approach employed by the authors in this book is unique.

Intellectual Property Law 81

Intellectual Property Law Intellectual Property Law IP 81

IPilogue

DECEMBER 9, 2021

While the protection of memes remains unclear and unresolved, plaintiffs can claim copyright, trademark, and personality rights in the underlying images. While one image or video is fixed, collections are constantly changing. Is Infringement Even Possible Then? According to s.3(1)

Copyright 89

Copyright Artistic Work Copying Intellectual Property 89

Selvam & Selvam Blog

APRIL 5, 2022

We have come across many instances where Indian celebrities have registered their names and/or their signatures as a trademark. Accordingly, any unauthorized use of any kind of logo or symbol associated with any event, can make a case of trademark infringement. Personality Rights. Tata Tea Ltd (CS no.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

Selvam & Selvam Blog

NOVEMBER 30, 2022

The suit additionally sought to get a John Doe order for safeguarding the plaintiff’s rights against future instances of infringement.

Personality Rights 52

Personality Rights Television Registration Technology 52

IPilogue

NOVEMBER 17, 2021

The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law. Notably, Belgian copyright law includes a statutory right to privacy , which includes the right to control your image.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

Intepat

DECEMBER 26, 2023

Simply Life India and Ors involving Anil Kapoor’s Personality Rights against AI in India, the case centered on the unauthorized use of Anil Kapoor’s character image and voice through AI, resulting in commercial gains for certain users.

Intellectual Property 52

Intellectual Property Invention Intellectual Property Law Personality Rights 52

IP and Legal Filings

MAY 23, 2023

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 owner of the well-known trademark “Yahoo!” Akash Arora and Ors. [1] The plaintiff, Yahoo!,

Business 52

Business IP Registration Trademark 52

SpicyIP

NOVEMBER 19, 2023

A Division Bench of the Delhi High Court to hear appeal against the Single Judge order in the Sushant Singh Rajput personality rights case. Even a year after receiving the GI tag, Telangana farmers wait for the red gram board.

Intellectual Property 59

Intellectual Property Journalism Patent Application Social Media 59

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