Introduction
From Bollywood superstar Anil Kapoor’s landmark victory against AI-generated deepfakes to high-profile global disputes over celebrity endorsements, the protection of personality rights under trademark law has emerged as one of the most dynamic areas in intellectual property jurisprudence.
The digital age has blurred the lines between authentic celebrity presence and artificial recreation. Courts worldwide are grappling with questions such as:
- Who owns a person’s identity?
- How far can trademark law protect the intangible essence of fame?
- What happens when technology can replicate not just a voice or image, but an entire persona?
Understanding and safeguarding celebrity identity has never been more critical.
Understanding Personality Rights
Personality rights, also called publicity rights, allow an individual to control the commercial use of their identity attributes, including:
- Name
- Image
- Voice
- Signature
- Distinctive gestures or style
These rights serve two main purposes:
- Protecting personal dignity and privacy
- Recognizing the economic value of a person’s persona
Personality rights are a combination of:
- Right to Privacy – Prevents unauthorized exposure of personal identity
- Right to Publicity – Grants control over commercial exploitation
These rights ensure that unauthorized use does not harm a celebrity’s brand or mislead consumers.
Legal Framework in India
Constitutional Protections
Article 21 of the Indian Constitution guarantees the right to privacy, recognized as a fundamental right in Justice KS Puttaswamy v. Union of India (2017). This right forms the foundation for personality rights in India.
Statutory Provisions
- The Trademarks Act, 1999
- Section 2(1)(zb) – Defines trademarks, including names and signatures capable of graphical representation
- Section 11(1) – Relative grounds for refusal of registration, applicable to celebrity names
- Section 29 – Infringement provisions protecting registered celebrity marks
- Section 135 – Penalties for trademark infringement
- The Copyright Act, 1957 – Protects original creative works and performances by celebrities
- The Information Technology Act, 2000 – Addresses digital misuse, including deepfakes and online impersonation
Many celebrities register their names, likenesses, or signature phrases as trademarks to secure exclusive commercial rights. For example:
- Akshay Kumar – “Khiladi”
- Sachin Tendulkar – “SRT”
- Jackie Shroff – “Bhidu”
Best Right to Privacy Lawyer in North Bangalore
Global Legal Perspective
United States
- Personality rights are explicitly recognized under state laws.
- California Civil Code Section 3344 provides damages for unauthorized use of name, voice, signature, likeness, or gestures for commercial purposes.
- The Lanham Act prevents false endorsements or misleading associations.
- In some states, rights extend up to 70 years post-mortem.
European Union
- GDPR ensures strong privacy protections related to personal identity.
- EU Trademark Regulation allows registration and protection of celebrity names and associated rights.
United Kingdom
- Passing off is the primary tool for protecting personality rights in the absence of specific publicity rights legislation.
- The Human Rights Act, 1998 incorporates privacy protections applicable to personality rights.
Notable Case Laws in India
Karan Johar v. India Pride Advisory Pvt. Ltd. (2025)
Filmmaker Karan Johar challenged a film titled “Shaadi Ke Director Karan Aur Johar” for using his name and persona without permission.
Court Ruling: Unauthorized use of the combined names misled the public and constituted misuse of his identity. The judgment affirmed that personality rights exist in India under Article 21.
Anil Kapoor v. Simply Life India & Others (2023)
This case addressed AI-generated content misusing celebrity likeness.
Court Ruling: The Delhi High Court protected Anil Kapoor’s personality rights, restraining unauthorized use of his image, name, voice, or other characteristics.
Amitabh Bachchan v. Rajat Nagi and Ors. (2022)
The defendants used Bachchan’s identity without consent, engaging in unfair trade practices and passing off.
Court Ruling: Recognized Bachchan’s rights to control commercial use of name, voice, photo, and likeness. Unauthorized use would cause irreparable harm to reputation and goodwill.
Challenges in the Digital Age
Deepfake Technology
- AI-generated content and synthetic media pose new threats to personality rights.
- Voice synthesis and digital resurrection of deceased celebrities raise complex legal questions.
- The Beijing Internet Court (2024) recognized personality law infringement by TTS AI applications.
Social Media and Influencer Economy
- Unauthorized use of celebrity content on social platforms
- Impersonation by influencers and fan accounts causing brand confusion
India currently lacks a dedicated statutory framework explicitly defining personality rights. Protection is fragmented across:
- Trademarks
- Copyright
- Tort law
- Constitutional privacy rights
Experts recommend amendments to the Trademark Act to cover non-traditional marks like gestures, voices, and styles, along with robust enforcement mechanisms, drawing from U.S. and EU models.
Conclusion
The protection of personality rights under trademark law has evolved from a niche legal concern into a critical aspect of the modern entertainment and digital economy. What began as simple restrictions on unauthorized photographs now encompasses:
- AI-generated digital twins
- Deepfakes
- Virtual avatars
- Voice cloning
India’s courts have taken significant steps to recognize and enforce these rights, but a clear, codified statutory framework is now essential to provide consistent protection, foster innovation, and align India with international best practices.
For celebrities, brands, and influencers, proactive registration, vigilant monitoring, and legal enforcement are key to safeguarding reputation, goodwill, and commercial interests in this rapidly evolving landscape.
Disclaimer: This blog is for general informational purposes only and does not constitute legal advice. Privacy laws may vary based on circumstances and jurisdiction. Readers are advised to consult a qualified legal professional, such as Bisani Legal, for specific advice regarding data protection, privacy rights, or related legal concerns.
