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This is a case focusing on ownership of socialmedia accounts. See “ SocialMedia Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the SocialMedia Account Ownership Jurisprudence–JLM v. (See The court also found “Ms.
The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the socialmedia accounts and then awarding control over the accounts to JLM. What does a 200+ year old fox have to say about who owns socialmedia accounts?). ” (Cite to Pierson v.
Defendants also managed the socialmedia presence of the “La Baguette” business, which primarily consisted of a Facebook page. Moore, Find Out Who Your Friends Are: A Framework for Determining Whether Employees’ SocialMedia Followers Follow Them to A New Job, 39 CAMPBELL L. See generally, Christopher A.
Consequently, courts in India must either base their recognition of personality rights on common law or constitutional principles, which leaves several questions unanswered. For example, can personality rights be viewed as an extension of the right to privacy? Interestingly, the court in Gautam Gambhir v. . &
For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and socialmedia. Don’t overlook company socialmedia accounts, domain names, and toll-free numbers, which may also serve as potential trademarks. A special note about customer data.
The concept of passing off under trademarkslaw was used to provide relief to the plaintiff. The IT (Intermediary Guidelines and Digital Media Ethics) Rules place responsibility on the SocialMedia Intermediaries to ensure that no prohibited content is allowed to be published or circulated on their platforms.
Simply Life India (2023) (“Anil Kapoor”) (in paragraph 53), wherein the Court, had ruled in favour of safeguarding the distinct personality rights of celebrities, including the rights of endorsement and privacy, against widespread online exploitation and unauthorised commercial use.
AI has increasingly been used to create literary, artistic and musical works, circulating all over socialmedia, and it has become the gateway for the general public to the domain of AI. One of the most widely utilised aspects of AI has been voice manipulation and Deep fakes.
While YouTube seeks to protect the IP rights of the trademark holder, they only provide a minimal investigation of the complaint. However, in addition to these limited measures, the trademarklaws in India provide the following comprehensive remedies for trademark infringement. Dabur India Limited (“Dabur”) v.
The power of the internet, in particular that of socialmedia is humungous. When used strategically, socialmedia becomes one of the most powerful tools of digital marketing. With the evolution of socialmedia, the concept of moment marketing has also become increasingly common.
Monitoring and Enforcement: AI-powered trademark monitoring systems are revolutionizing brand protection by leveraging advanced technologies to track registrations and detect potential infringements. Compliance with complex trademarklaws and regulations also presents a significant challenge.
The categorization of socialmedia accounts into “business” and “personal” accounts was a hot issue a decade ago, when states across the country passed laws to protect employees from invasive employer demands to access or control their personal socialmedia accounts. See Musk, Elon).
Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.
PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. Brands have been active on socialmedia in recent years, trying to imbue their content with human like personality that endears customers to them rather than just putting out traditional advertising. from Duke University in 2019.
A fraudulent lottery-winning message with Amitabh Bachchan’s voice from KBC was viral through various socialmedia platforms and many people fell into this trap. Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. Under this Act, Sec.
The Supreme Court looked into a wide variety of issues such as oxygen and Covid-19 drugs shortage, equitable pricing of vaccines, protection of health workers, possibility of invoking compulsory licenses and the clampdown on free speech on socialmedia platforms. The Karnataka and Orissa High Courts too have dealt with similar matters.
For background, check out my post on the district court’s ruling here: “ SocialMedia Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of socialmedia accounts. Gutman signed an employment agreement with JLM.
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