article thumbnail

A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR)

Patently-O

Unlike patent and copyright, trademarks and trade secrets continue to be concurrent and overlapping, meaning that state rights continue to exist and be enforceable alongside the federal right. With trademark law, the federal right has been around since 1870 and today occupies most of the space.

Privacy 98
article thumbnail

Unreasoned Orders for Personality Rights

IP and Legal Filings

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. . &

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Protecting Culture in an IP-centred World

IPilogue

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105
article thumbnail

Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

Thus, Hepp’s statutory claim against Facebook is about the commercial effect on her intellectual property, not about protected speech. The majority ends with a not-credible declaration that its ruling doesn’t threaten free speech.

article thumbnail

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

privacy policy; and. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. Trademark: NFTs may also be protected as a trademark. Article 1(1) of Indonesia’s Trademark Law defines trademark.

article thumbnail

Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Technology & Marketing Law Blog

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. This ruling highlights the legal risk.

Trademark 115
article thumbnail

Celebrity Rights: Understanding This Unique Right

IP and Legal Filings

This grants celebrities to capitalize on their brand value and at the same time protect it under the realm of privacy rights. Celebrity rights are in a way paradoxical in nature are they form a combination of publicity, personality and privacy rights. under the trademark laws.