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

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

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

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 103

Ownership Intellectual Property Artwork Copyright Law 103

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

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

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

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

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

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 100

Privacy Intellectual Property Law Intellectual Property Advertising 100