CiteTEXT
...business or of anything else.
This right might be called a „right of publicity‟. For it is common knowledge that many prominent persons (especially actors and ball- players), far...publicity.
Ali v. Playgirl 447 F Supp 723
A distinctive aspect of the common law right of publicity is that it recognizes th...the advertisement, promotion or sale of the products.
Haelan Laborotories v. Topps Chewing Gum [202 F2d 866] "A man has a right in the publicity...
..., …11. This right might be called a ‘right of publicity.’ For it is common knowledge that many prominent persons (especially actors and ball-players), far from having their feelings bruised ...) it was observed as under:“10. … a man has a right in the publicity value of his photograph, i.e, the right to grant the exclusive privilege of publishing his picture..., trains and subways. This right of publicity would usually yield them no money unless it could be made the subject of an exclusive grant which barred any other advertiser from using their pictures...
.... The following submissions were made on behalf of the intervenor, All India Gaming Federation:
25.1. 'Right of publicity' does not have any statutory recognition in India and cannot...the scope of the said tort so as to include 'right of publicity'.
25.2. In common law jurisdictions such as the U.K. and Australia, the tort of passing off is...merchandising of name, voice, signature, photograph or likeness.
viii. Unlike the U.S., the United Kingdom does not have any statute that recognizes the right of personality or ...
...continuous and exclusive use of the trademark ‘REFIRM’ and extensive publicity and advertisement has acquired under Common Law right of exclusive and undisturbed use of the said trademark in relat...to confusion and deception in the mind of the customers that they were buying the goods of the plaintiff. Defendants had infringed upon the proprietory right of the plaintiff under the Common Law...plaintiff as the medicine of the defendants was less expensive and of good quality. According to counsel for defendants, plaintiff's Common Law right in the trademark ‘REFIRM’ were prejudicially...
..., the following statement of the law, as it figured in Ali v. Playgirl:“A distinctive aspect of the common law right of publicity is that it recognises the..., as well as the right to fair trial of the circumstances which led to the death of SSR.28. The right to publicity, as well as celebrity rights, submits Mr. Singh, are...that both the right of privacy and the right to publicity are birthed in Article 21 of the Constitution. If, therefore, the right to privacy does not survive a person's death, neither, he submits...
...‘right of publicity’. For it is common knowledge that many prominent persons (especially actors and ballplayers), far from having their feelings bruised through public exposure of their likenesses, would...feel sorely deprived if they no longer received money for authorizing advertisements, popularizing their countenances, displayed in newspapers, magazines, busses, trains and subways. This right of publicity would usually yi...“Satyameva Jayate” anchored by the actor Sri. Aamir Khan.
93. Indian law does recognize the publicity right of a celebrity.
94. In...
...observed:
The plaintiff has asserted that the defendant's production, THE BIG EL SHOW, infringes on the right of publicity which plaintiff inherited from Elvis Presley. The right of ...the right of publicity to the producer. Reliance is placed on agreement dated 06.10.1980 filed with List of Documents dated 06.02.2006 by the plaintiff. It is contended that the plaintiff has been...of publicity" has since come to signify the right of an individual, especially a public figure or a celebrity, to control the commercial value and exploitation of his name and picture or likeness and...
...had become distinctive of its product ‘BUTTER DELITE’. It claimed that by virtue of prior use coupled with extensive publicity and promotion, it had the exclusive common law and proprietary right in the...butter and biscuits and the two layered colour scheme/pattern. The distinct line is golden in colour. The distinct line is golden in colour. One curly slice of butter is presented on right top corner.... One curly slice of butter is presented on right top corner. SIDE VIEW SIDE VIEW BUTTER DELITE is written on the right side. BUTTER KRUNCH is written on the left side Company Name is placed on the left...
...intrusion into a person's home and the disturbance caused to him thereby, is as it were the violation of a common law right of a man an ultimate essential of ordered liberty, if not of the very...was found unconstitutional since it was antithetical to “ordered liberty, if not of the very concept of civilisation”. This was seen as a common law right which was enshrined in Article 21. It is....17. It may be noted that there continues to be a common law right to privacy, but the existence of such a common law right would not, in any manner, dilute the position r...
...Limited as the notification under Section 4 of the Act was not given wide publicity in the leading newspapers having circulation in the area thereby depriving the petitioners of their right to submit...by Award dated 5.09.2013 (Annexure P-14) whereby land measuring 188 kanal 1 marla has been acquired by the State of Haryana to construct and set-up a Common Effluent Treatment Plant.At...objections under Section 5-A of the Act. It is also contended that the site of the Common Effluent Treatment Plant has been shifted from the industrial area to residential area with malafide...
...open justice under the common law. Therefore, courts have evolved mechanisms such as postponement of publicity to balance presumption of innocence, which is now recognised as a human right in...strict limits of the common law. On this footing the freedom of the press has stood; on this foundation it yet stands.…’ … The right of free public discussion of the stewardship of public...that is felt when it confronts injustices and crimes. Open court has its roots in the English Common Law heritage and thus has always respected the right of the media to report its proceedings. The...
...the plaintiff has set out the figures of actual sales and publicity expenses running into lakhs of rupees for the years commencing 1970-1971 upto 1986-1987. In addition to the common law rights the...plaintiff also holds statutory right to the exclusive use of the aforementioned trademarks by virtue of registration granted under the...colour and the defendant's attempt at use of the word Qilla by prefixing the name of a colour (HARA-green) defeats the plaintiff's right by reference to family of marks. The contention does not deserve to...
...distinctive of its product 'BUTTER DELITE'. It claimed that by virtue of prior use coupled with extensive publicity and promotion, it had the exclusive common law and proprietary right in the....
One curly slice of butter is presented on right top corner.
One curly slice of butter is presented on right top corner.
SIDE VIEW
SIDE VIEW...colour.
One curly slice of butter is presented on right top corner.
One curly slice of butter is presented on right top corner...
...attempted to be made ipse dixit in a laconic and lackadaisical manner compels us to draw the only inference that the petitioner is a busybody bent upon self-publicity sans any sense of responsibility...disputes or vendetta to bring to terms a person, not of one's liking, or gain publicity or a facade for blackmail, the said petition has to be thrown out. Before we grapple with the issues involved in the...proceedings therein initiated in a court of law with the purpose of enforcing a right or seeking a remedy. Therefore, lexically the expression ‘PIL’ means a legal action initiated in a court of law...
...recover under the right of publicity, the celebrity must show that the tile is ‘wholly unrelated’ to the movie, or that the title is actually a ‘disguised commercial advertisement for the sale of goods.... Arvee Enterprises & Anr.…Defendants. — 2003 (26) PTC 245 it has been held as follows:—“The right of publicity has evolved from the right of privacy and can inhere only in an...individual or in any indicia of an individual's personality like his name, personality traint, signature, voice, etc., An individual may acquire the right of publicity by virtue of his association with an...
...publicity, cannot be undertaken without the prior approval of his legal heir; and a violation of right of fair trial under Article 21 of the Constitution of...to 8, and other unknown Defendants, on the ground that their actions are violative of the right to publicity, the right to privacy and the right to free and fair trial. CONTENTIONS OF THE PLAINTIF...RIGHT TO PUBLICITY (i) Celebrity rights have been acknowledged for the benefit of those who have worked hard to be known as distinguished personalities. It gives them the...
...the common law rights, it also held a statutory right to the exclusive use of the aforementioned trade marks by virtue of registration granted under the Trade and Merchandise Marks Act..., continuous and established user coupled with the vast publicity given to its marks, the Plaintiff has acquired an exclusive right to the use thereof as a proprietor.6. In the plaint the.... (Main) No. 165 of 1995. It was submitted that a registered trade mark only raises a presumptive right and it was not necessary that an injunction has to follow. Reliance was placed upon the decisions in...
...propriety right by prior and exclusive use in respect of stationary item with which pen is also supplied. It is stated that on account of wide and extensive advertisements and publicity over a number of...invented word, but a common dictionary word and the plaintiff cannot claim proprietary right or exclusive right to the user of the word Solo. It is argued that the dictionary meaning of the word ‘Solo...by the purchasing public and the members of the trade with the products of the plaintiff. The plaintiff has acquired an exclusive right to the use of the said trade mark as a proprietor thereof in...
....
7. The petitioner cannot claim any right to put up Arches or Pandals. The petitioner may concentrate on worshipping the deity which would be of more effect rather than putting up publicity...at that particular location the available right of way is only 12.00 mts., against the minimum requirement of 30.00 mts. It had been stated that the width of the actual road is 7mts. which allows two...materials like arches and banners by which, the common people and those who are driving the vehicles would only vent there feelings against putting up of such arches. The petitioner would only draw the...
...express any view as to whether the bank as trustee of Joseph Wint's estate, has any right of action against the taxpayer and I must abstain from doing so. I imagine that this case will receive sufficient publicity ...right against Joseph Wint's estate. This circumstance appears to me to be totally irrelevant upon a consideration of the position as between the taxpayer and Inns. I should perhaps also mention that...Pennycuick, J. — This is an appeal by the inspector of taxes against a decision given by the general commissioners for the Division of Offlow South in the County of...