IP IN THE AGE OF FAME: TRADEMARKING STARDOM & OWNING CELEBRITY PERSONA

IP IN THE AGE OF FAME: TRADEMARKING STARDOM & OWNING CELEBRITY PERSONA

Name of Author: Vanshika Arora (Final Year L.L.B student at Law Centre – II, Faculty of Law, University of Delhi)

INTRODUCTION

When Stardom Becomes a Trademark: Who Owns the Face You Know?”
It is no longer new that influencers have redefined the meaning of economy as we knew it, with their existence giving way to a new financial model. Being a celebrity in this context goes beyond an individual; you’re simply a well-known person. Is it possible, however, for someone to really claim the right to their public image such as their name, voice or distinctive movements? This blog explores the scope of intellectual property law in India, focusing on fame as a form of intellectual property. We consider the “SRK” trademark controversy of Shah Rukh Khan and MS Dhoni’s fight over “Captain Cool” franchising. We also discuss how celebrities monetize their images, the reasons and conditions that grant legal protection to those images, and when that legal shield crosses the boundary into censorship. The central inquiry that this legal conundrum raises is:

In the context of fame, celebrity status and social relevance, where does one legally draw the boundaries between safeguarding individuals and serving the interests of the public?

TRADEMARKS AND THE COMMERCIALISATION OF CELEBRITY IDENTITY

From Fame to Intellectual Property

In today’s economy, fame has now become a means to earn money. Businesses invest on a celebrity’s tagline, face, and even name not only for who they are, but also for what they are ready to sell. Today, personal brands are the core reason why endorsements, product lines, and collaborations are made. They monetize every aspect of their persona and as a result gain profit, which encourages digital collaboration. Essentially, fame is transformed to intellectual property.

What does a name mean? All of it.

If a celebrity in the 20th century, the title meant an acclaimed individual, now it’s more than that since it also includes an entire brand. It is now apparent that there are no laws governing the identity of an individual in India, due to this people are using trademark laws to protect and capitalize their identity. Once trademarked, they are given titles.

Legal Framework: Trade Marks Act, 1999

What Makes a Celebrity Name Legally Protectable?

As set forth in The Trade Marks Act of 1999[1], individuals can trademark their name if they use it for business purposes, complain within reasoning of existing marks, and provide justification towards using the mark in a meaningful way. While initial intentions behind the Act did not include protecting personality rights, it has in fact become a helpful tool for safeguarding the identities of famous individuals.

Distinctiveness and Well-Known Marks

What Makes a Celebrity Name Legally Protectable?

The essence lies in uniqueness. Identifiers associated with a celebrity are the only ones eligible and are distinct. Celebrities and well-known marks enjoy greater protection even beyond their industry and grant legal recognition ensuring further protection and the business entrepreneurial heritage is perpetuated.

UNDERSTANDING PERSONALITY RIGHTS AND PUBLICITY IN INDIAN LAW

Understanding Personality Rights

These rights enable users, especially public figures, to manage the utilization of their likeness. It relates to privacy as well as publicity, that is, commercial control over one’s identity.

Legal Recognition in India

India does not have a unified statute; however, the courts have connected personality rights to:

– Article 21 (right to life and privacy) of Constitution of India[2],

– The Trade Marks Act 1999, and

– At times, the Copyright Act 1957[3].

It’s messy, but evolving.

Post Puttaswamy Landscape

In K. S. Puttaswamy v. Union of India (2017)[4], the Supreme Court interpreted privacy as a fundamental right. Justice Kaul went as far as suggesting that publicity rights would also qualify. The absence of legislative clarity is still a concern.

CASE STUDY: SHAH RUKH KHAN AND THE ‘SRK’ TRADEMARK

Branding the Persona

To many, Shah Rukh Khan’s moniker ‘SRK’ serves as an abbreviation, but to him, it is a brand. He filed trademarks in multiple classes ensuring protection for its commercial exploitation.

Trademark Filings and Legal Scrutiny

Approval for Class 9 (digital goods) came through, however, other filings faced the problem of speculative trademarking. Indian law does not support a ‘use-it-or-lose-it’ approach, which is defensive trademarking.

Legal Reality & Scope

In Titan Industries v. Ramkumar Jewelers (2012)[5], the court held that trademark protection could not be afforded solely on the basis of notoriety. While ‘SRK’ is protected as a mark, only those classes where he can demonstrate use are protected.

CASE STUDY: MS DHONI AND THE BATTLE FOR ‘CAPTAIN COOL’

Branding the Persona

In 2023, MS Dhoni applied for a trademark for “Captain Cool” under Class 41 which includes sports and entertainment. This moniker is associated with him and hence requires protection.

Opposition and Legal Hurdles

The trademark application was challenged by an Advocate based in Delhi calling it ‘generic’ and claiming it has been used by others historically. The legal dispute here is whether Dhoni has used it commercially enough to claim it.

Pending Decision

The matter is still sub judice. Even if the trademark is granted, it will not provide protection the use under Class 41 and would be vulnerable to challenges in the future.

CASE STUDY: AMITABH BACHCHAN V. RAJAT NAGI[6]

Facts of the Case

In 2022 Bachchan filed a suit against those exposing his name, image and voice in adverts for lotteries and fake applications. The Delhi HC granted a Global John Doe Injunction which essentially stops any future mischief by unidentified people.

Legal Significance

This was the first such order in India dealing with the issue of personality rights, paving the way to assert that a celebrity’s identity can be protected even in the digital space.

NECESSITY FOR A PERSONALITY RIGHTS LAW WITH A SINGLE CODE

Dismembered Structure

A patchwork system of constitutional rights, trademark laws, and common law torts is what India operates with. It functions, but just barely, because of the heavy lack of coherence.

Global Perspectives

US: Right of Publicity laws exist in states such as California.

EU: France and Germany take image rights seriously and safeguard them.

Guernsey: Yes, there is a reasoned Image Rights Register.

Escalating Threats from the Internet

Celebrities have limited means of defending themselves against the misuse of their persona online due to a lack of statutory law.

AI, digital impersonation, and deepfakes are growing at an alarming rate.

CONCLUSION: CREATING AN IP LEGALLY RECOGNIZED CULTURE OF FAME

As fame evolves into an asset, Indian legislation rushes to catch up. The legal triumphs of SRK, trademark battles by Dhoni, and global injunctions by Bachchan illustrate that a celebrity’s persona can increasingly be turned into enforceable intellectual property.

Nonetheless, it is still unstable in the absence of a specific statute. Indian needs a nuanced, fair, and future-proof legal recognition of personality rights in order to safeguard both identity and speech. Because, after all, celebrities might suddenly be brands. They are still people first, though.

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