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

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

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. In 2009, the Belgian Court of Appeal was tasked with deciding whether a tattoo could be granted ownership under Belgian copyright law in JDH v JM.

Ownership 102

Ownership Intellectual Property Artwork Copyright Law 102

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 Brands 52

SpicyIP

SEPTEMBER 12, 2024

There is one titled “Overlaps between Copyright, Rights of Publicity, and Personality Rights” authored by Tyler T. The chapter is, for the most part, a jurisdictional study on the overlap between copyright, publicity, rights, and personality rights. Their focus of jurisdiction is EU, German law, and US law.

Editing 81

Editing Intellectual Property Privacy IP 81

Selvam & Selvam Blog

APRIL 5, 2022

Accordingly, any unauthorized use of any kind of logo or symbol associated with any event, can make a case of trademark infringement. Personality Rights. With specific reference to India, personality rights are considered a part of the right to privacy guaranteed under Article 21 of the Indian Constitution.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IP and Legal Filings

MAY 23, 2023

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. The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith.

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

IP and Legal Filings

OCTOBER 11, 2022

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 Personality Rights from any such misuse is a must. PERSONALITY RIGHT.

Personality Rights 52

Personality Rights Artistic Work Trademark Copyright 52

IP and Legal Filings

FEBRUARY 17, 2025

The internet era has lead to an increase of IP in the sports sphere, but has also lead to negative aspects such as cybersquatting, which although does not have a specific remedy, can be quashed using existing trademark law. The Indian law also provides extensive remedies against infringement and unauthorised usage.

Intellectual Property Law 90

Intellectual Property Law Intellectual Property Law IP 90

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 Brands 72

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? Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary.

Branding 98

Branding Brands Branding Personality Rights 98

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

JANUARY 2, 2022

Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement. Recognition of non-human inventors, AI and its implications for India.

IP 143

IP Intellectual Property Copyright Trademark 143

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

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

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

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