This post was first published on September 11th, 2012.
Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’.
Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the…
This post was first published on March 1st, 2012.
Some Indian Courts, such as Delhi High Court, have of late been very aggressive in enforcing various IP rights online and in digital media. However, considering the recent development of publicity rights law in India, there has not been an instance of its enforcement online or in computer games. We will, therefore, take a computer game hypothetical to review the applicability of publicity right law.
Let us assume that an…
This post was first published on February 28th, 2012.
The right of publicity refers to the right to prevent unauthorized commercial use of a person's persona. A person's persona includes his name, photograph, signature, voice or any other identity. Publicity rights vest only in a celebrity or public figure. In other words, a person must be recognized by the public in order to possess the right of publicity. The public must identify or associate an identity to a person.…
AICWA Bans Pakistani Actors and Artists, Gully Boy Leaked Online Soon After Release, Film Federation Demands Special Court to Control Piracy, Family Sues Kanye West for Copyright Infringement, Twitter Removes Trump Tweet After Copyright Complaint from R.E.M., SCOTUS Declines to Hear ‘Empire’ Lawsuit, YouTube Changes Three-Strike Policy to Tackle Frivolous Claims, British Columbia Man Claims Ownership over People’s Party of Canada Name, McCafé to Sponsor Two SAFTA Categories, Songtradr Acquires Big Sync Music, Mattel Secures Three-Year Licensing Deal for Despicable Me, and more.
Copyright Quote
“Of all the creative work produced…
This post was first published on October 12th, 2011.
733 S.W.2d 89 (Tenn., App, 1987)
Elvis Presley was one of the most popular American singers of the 20th century. He was popularly known as “King of Rock and Roll”. Elvis Presley's career was without parallel in the entertainment industry. From his first hit record in 1954 until his death in 1977, he scaled the heights of fame and success that only a few have attained. He was aware of his likeness and…
This post was first published on September 14th, 2011.
Citation: MANU/DE/2043/2010
Daler Mehndi is a popular music composer, lyricist, and singer in India. He was involved in the creation of numerous music albums such as BOLO TA RA RA RA, DARDI RAB RAB and so on, which have been sold extensively across the world. He incorporated a company, D.M. Entertainment Pvt. Ltd., the plaintiff in this case, in 1996, in which the letters DM stands for the initials of…
This post was first published on 5th September 2011.
HIGH COURT OF DELHI
RFA No.250/2011 & CM No.8977/2011
Decided On: 01/09/2011
Facts:
This appeal arises out of the interim orders passed by Copyright Board in the litigation between Music Broadcast Pvt. Ltd (MBPL) and Super Cassette Industries Limited (SCIL) with respect to fixing of a royalty fee of a license agreement between the parties. According to the Memorandum of Understanding (MoU) between the two…
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This post was first published on June 7, 2011.
Pfizer Inc. filed a suit against Watson Laboratories, on June 1, 2011 in the United States District Court for the Southern District of New York seeking to prevent Watson from commercializing sildenafil citrate tablets prior to the expiration of Pfizer’s Viagra. Watson's sildenafil citrate tablets are a generic version of Pfizer Inc.'s Viagra, which is indicated for the treatment of erectile dysfunction (ED). Sildenafil citrate enhances the effect of nitric oxide,…
This post was first published on June 21, 2011.
FAO. No. 82 of 2009, Kerala High Court, decided by Justice M.N. Krishnan
FACTS
The Petitioner no 1, Matrubhumi Printing and Publishing Ltd who operates a licensed Radio Station “Club FM 94.3” in parts of Kerala has a license from the Phonographic Performance Limited (PPL) to broadcast sound recordings. Indian Performing Rights Society (IPRS), the defendant, a society of composers, lyricists etc which grants licenses with respect to musical and literary works threatened…