Introduction
“You don’t need a corporation or a marketing company to brand you now: you can do it yourself. You can establish who you are with a social media following”
– Ray Allen
We are living in the era where a name of person alone can get you to live in the lap of luxury, especially if they are a ‘well-known personality’. It has become a strategic move to secure one’s name, voice, face or other aspects of identity legally through intellectual property laws. Recently, an eminent entrepreneur the former Managing Director and co-founder of BharatPe, Ashneer Grover is making headlines because of securing Trademark Registration for his name. This is not the first instance where a living person has registered his name legally without being associated with a company or other such brand, rather this step emphasizes the rapid growth of personality rights and their protection as Intellectual Property in India. This article delves into how Ashneer Grover secured his trademark, the concept of personality rights, their legal origin, and other notable cases of personality rights in action.
Trademark Registration of ‘Ashneer Grover’
The sagacious decision of Ashneer Grover to trademark his name aligns with the rising trend of public figures, celebrities and entrepreneurs protecting their personal brand. He registered his name as a ‘Word’ trademark under Class 41 that pertains to services consisting of all forms of education of persons and training of animals; entertainment, amusement or recreation purposes; arrangement or presentation of works of visual art or literature for events; conducting sporting and cultural activities, etc. Mr. Grover specifically registered his name under Class 41 for the following services: “Educational, Providing of Training, Entertainment, Dubbing and Editing of Films, Radio and Television Programme; and Serials, Shows, Audio and Video Tapes, Online Entertainment, Publication of Book and Texts, Magazine Publication.” By registering his name, Grover has secured exclusive rights over the commercial useof his identity, preventing unauthorized usage by third parties.
Grover was represented by Aditi Tuteja, a Delhi High Court advocate, specialising in Intellectual property. The application showcased his public recognition and business ventures by highlighting that he is a famous television celebrity with a unique name, justifying the name’s distinctiveness and association with services provided under it.
In India, trademark registration falls under the purview of the Trade Marks Act, 1999. The Act allows for the registration of name, word, devices, letter, brand, and even signatures, provided they meet the criteria of Section 9 of the Act pertaining to distinctiveness and can distinguish the associated goods or services with that of others. Consequently, the celebrities and famous personalities can register their name and other personal attributes subject to the conditions provided under the Act to prevent misuse and undue economic benefit by third parties.
Understanding Personality Rights
Personality rights refer to the ability and authority of an individual to control the commercial use of their name, image, face, likeness, identity, and other unique personal indicia. These rights safeguard against unauthorized exploitation, ensuring that the economic benefits and market advantage derived from one’s persona accrue directly to them.
Personality rights stem from the fundamental idea that individuals should have control over how their identity is used for commercial purposes. Celebrities dedicate significant effort and talent to achieve their status and deserve to benefit from it. This concept has two key aspects:
- Right to Privacy – This ensures individuals can safeguard their personal identity and prevent the use or portrayal of their persona without consent. This includes right to be left alone.
- Right to Publicity – This grants individual the ability to prevent the unauthorized commercial use of their name, likeness, or image, like trademark protection. It can be transferred, licensed, and even inherited, allowing heirs to continue benefiting from it. This right is available to only those individuals who are “famous or a celebrity” in the eyes of the public, having a reputation or goodwill which can be commercially exploited. The concept of “right to publicity” was first established in the case, Haelan Laboratories v. Topps Chewing Gum (1953).[i]
Legal Origin
Globally, personality rights stem from the common law principles and statutory provisions, particularly in the United States and European jurisdictions. In India, the idea of personality rights originated from the broader concept of the right to privacy, linked to Article 21 of the Indian Constitution. Right to privacy as reaffirmed in the historical judgment of Justice K.S. Puttaswamy vs Union of India[ii], is a fundamental right and an integral aspect of dignity, autonomy, and liberty guaranteed under Article 21. Every individual, common man or celebrity, irrespective of their status or citizenship have the right to privacy. On one hand, any right to privacy must encompass and protect the personal intimacies of the home, the family, marriage, motherhood, procreation and child-rearing.[iii] On the other hand, one’s persona is a valuable property that a person might wish his successors to protect and commercially exploit just like any other intellectual property.[iv]
As far as the freedom of speech and expression is concerned, it flows from the fundamental right guaranteed by Article 19(1)(a), but the said right is subject to reasonable restrictions placed thereon by an existing law or a law made after the commencement of the Constitution in the interests of or in relation to the several matters set out in clause (2).[v]
In India, as of now, the specific law on the commercialisation of personality rights is yet to be developed. However, given the extraordinary rise of the media, consumerism, and the sponsorship industry, this is an area of law that demands considerable attention.
Other Notable Cases of Registration of Personality
As previously stated, personality rights are not codified under a single statute in India but are derived from several judicial precedents. Landmark cases such as Titan Industries Ltd. v. M/s Ramkumar Jewellers[vi] (2012) and ICC Development (International) Ltd. v. Arvee Enterprises[vii] (2003) reinforced the notion that unauthorized commercial use of identity of an individual constitutes infringement.
Notable Examples of Personality Rights
- Anil Kapoor (2024): The acclaimed Indian actor secured a legal victory in the New Delhi High Court, prohibiting unauthorized use of his name, image, and likeness, including his famous phrase “jhakaas,” particularly against AI-generated content that misused his persona.[viii]
- Taylor Swift: The globally renowned singer has trademarked variations of her name, such as “Taylor Swift” and “T. Swift”. Moreover, she has also secured registration for her various albums and songs, namely “1989”, “Reputation”, “Shake It Off” and “Blank Space” to prevent others from exploiting her fame without authorization.
- Amitabh Bachchan (2022): The Delhi High Court granted Amitabh Bachchan protection against the unauthorized use of his voice, image, and name.[ix]
- Arijit Singh (2024): The court ruled that unauthorized commercial use of a celebrity’s name, likeness, or voice through AI tools and merchandise violates their personality and publicity rights. Such actions, done without consent, harm the celebrity’s reputation and economic interests. The court emphasized protecting celebrities from technological exploitation that could jeopardize their livelihood and endorsed the plaintiff’s right to control the use of their persona.[x] (Read article for the complete story – Navigating the Complexities of Personality Rights: Arijit Singh Vs Codible Ventures LLP and Ors. – J.P. Associates)
- Rajnikanth (2015): The Madras High Court recognized Rajnikanth’s persona, preventing the unauthorized use of his likeness in films and advertisements.[xi]
- Jackie Shroff: In May 2024, Jackie Shroff filed a lawsuit in the Delhi High Court to protect his personality rights and trademarks, including his name and its sobriquets, image, voice, and the phrases “bhidu” and “bhidu ka khopcha.” The court issued an injunction preventing unauthorized commercial use of his persona, reinforcing the protection of celebrity identity from exploitation.[xii] (Read article for the complete story – Jackie Shroff Takes Legal Action To Protect Personality Rights: A Deep Dive Into Relevant Provisions And Cases – J.P. Associates)
- Karan Johar: The filmmaker Karan Johar secured an injunction from the Bombay High Court against the release of the film “Shaadi Ke Director Karan Aur Johar,” which used his name without consent. The court recognized this unauthorized use as a violation of Johar’s personality rights, right to publicity, and right to privacy, thereby preventing the film’s release.[xiii] (Read article for the complete story – From Bollywood to Courts: Protecting Celebrities’ Identity Rights – Karan Johar’s case – J.P. Associates)
Conclusion
The rising awareness of personality rights highlights an important shift in intellectual property law. People are starting to see the economic potential of their identity, making it essential to get trademark protection for their name, image, and likeness. Although, India has not established a specific law for the commercialization of personality rights, there are already strong judicial precedents in place to support their protection. As celebrities and public figures like Ashneer Grover lead the way, there is an increasing demand for a clear and comprehensive framework to safeguard these rights. By finding the right balance between personal privacy and the commercial use of one’s persona, the legal system can guarantee that individual rights are not just protected but also respected in today’s digital world.
Author: Ms. Manvi Jain, Law Student at Amity University Madhya Pradesh.
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Link to Official website of Intellectual Property India: https://www.ipindia.gov.in
[i] 202 F2d 866 (2d Cir. 1953)
[ii] 2019 (1) SCC 1
[iii] R. Rajagopal v. State of T.N., (1994) 6 SCC 632 at page 639
[iv] Licensing One’s Persona: Analysing the Practice of Personality Merchandising, 52 JILI (2010) 16 at page 18
[v] R. Rajagopal v. State of T.N., (1994) 6 SCC 632 at page 648
[vi] 2012 SCC OnLine Del 2382
[vii] 2003 SCC OnLine Del 2
[viii] Anil Kapoor v. Simply Life India, 2023 SCC OnLine Del 6914
[ix] Amitabh Bachchan v. Rajat Nagi & Ors. (2022) 6 HCC (Del) 641
[x] Arijit Singh v. Codible Ventures LLP (2024) SCC OnLine Bom 2445
[xi] Shivaji Rao Gaikwad v. Varsha Production 2015 SCC OnLine Mad 158
[xii] Jaikishan Kakubhai Saraf v. Peppy Store, (2024) 2 HCC (Del) 253
[xiii] Karan Johar v. Indian Pride Advisory (P), 2024 SCC OnLine Bom 2444
