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Title: Character Merchandising
Authors: Kewalramani, Nishant
Sandeep, Hegde M
Keywords: Character merchandising;Celebrity rights;Copyright;Trademark;Personality rights;Passing off
Issue Date: Sep-2012
Publisher: NISCAIR-CSIR, India
Abstract: Character merchandising started as a secondary source of exploitation in the entertainment industry and soon became the forerunner in terms of revenue generation. The temptation of jumping on this business wagon was too hard to resist for the various stakeholders of the entertainment industry, only to realize that the law in India has not caught up with this jet age business practice. This article aims at highlighting the core legal issues in character merchandising with specific emphasis on personality or celebrity merchandising. The article not only brings out the core conflict between the various existing laws in India that govern character merchandising in their own unique way, but also analyses the various court decisions that have had a far reaching effect on the way the entertainment and allied industries approach this business. Furthermore, the article makes an earnest attempt to suggest a dispute resolution model that tries to balance the interest of not only the celebrities but also the copyright holders.
Page(s): 454-462
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.17(5) [September 2012]

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