Is personality right a way forward in protecting Trademark

The recent case of Arijit Singh vs. Codible Ventures LLP is a significant development in the recognition and protection of personality rights in India.

The Bombay High Court’s interim injunction in favor of Arijit Singh underscores the following key points:

Broad scope of personality rights: The court recognized that personality rights extend beyond just the name and image, encompassing voice, vocal style, mannerisms, and overall persona.  

Commercial exploitation: The unauthorized use of a celebrity’s persona for commercial gain without consent is a clear violation of personality rights.  

Technological advancements: The case highlights the emerging challenges posed by AI and voice cloning technology in the context of personality rights.

This landmark judgment is likely to have far-reaching implications for the entertainment industry and other sectors where celebrity endorsements and brand associations are prevalent.

Personality Rights: A Brief Overview

Personality rights refer to an individual’s right to control the commercial use of their identity, including their name, image, likeness, or other distinctive attributes. Essentially, it protects an individual’s right to privacy and publicity.

Who Can Claim Personality Rights?

Typically, individuals with a significant public image, such as celebrities, athletes, and public figures, are more likely to invoke personality rights. However, the concept is evolving, and in some cases, it might extend to ordinary individuals.

Personality Rights in India

While there is no specific statute dedicated to personality rights in India, the concept is recognized and protected through a combination of laws:

  • Article 21 of the Indian Constitution: Guarantees the right to life and personal liberty, which has been interpreted by courts to include the right to privacy.
  • Copyright Act, 1957: Offers some protection through concepts like ‘passing off’ and ‘deception.’
  • Trademark Act, 1999: Provides limited protection against unauthorized use of names or images.
  • Tort Law: In certain cases, personality rights can be protected under the law of torts, such as defamation or invasion of privacy.

Landmark cases have helped establish the concept of personality rights in India, such as the Krishna Kishore Singh vs. Sarla A. Saraogi case, where the Supreme Court recognized the right to publicity as distinct from the right to privacy.

It’s important to note that the scope of personality rights in India is still evolving, and specific cases may require detailed legal analysis.The recent case of Arijit Singh vs. Codible Ventures LLP is a significant development in the recognition and protection of personality rights in India.

The Bombay High Court’s interim injunction in favor of Arijit Singh underscores the following key points:

Broad scope of personality rights: The court recognized that personality rights extend beyond just the name and image, encompassing voice, vocal style, mannerisms, and overall persona.  

Commercial exploitation: The unauthorized use of a celebrity’s persona for commercial gain without consent is a clear violation of personality rights.  

Technological advancements: The case highlights the emerging challenges posed by AI and voice cloning technology in the context of personality rights.

This landmark judgment is likely to have far-reaching implications for the entertainment industry and other sectors where celebrity endorsements and brand associations are prevalent.

Personality Rights: A Brief Overview

Personality rights refer to an individual’s right to control the commercial use of their identity, including their name, image, likeness, or other distinctive attributes. Essentially, it protects an individual’s right to privacy and publicity.

Who Can Claim Personality Rights?

Typically, individuals with a significant public image, such as celebrities, athletes, and public figures, are more likely to invoke personality rights. However, the concept is evolving, and in some cases, it might extend to ordinary individuals.

Personality Rights in India

While there is no specific statute dedicated to personality rights in India, the concept is recognized and protected through a combination of laws:

  • Article 21 of the Indian Constitution: Guarantees the right to life and personal liberty, which has been interpreted by courts to include the right to privacy.
  • Copyright Act, 1957: Offers some protection through concepts like ‘passing off’ and ‘deception.’
  • Trademark Act, 1999: Provides limited protection against unauthorized use of names or images.
  • Tort Law: In certain cases, personality rights can be protected under the law of torts, such as defamation or invasion of privacy.

Landmark cases have helped establish the concept of personality rights in India, such as the Krishna Kishore Singh vs. Sarla A. Saraogi case, where the Supreme Court recognized the right to publicity as distinct from the right to privacy.

It’s important to note that the scope of personality rights in India is still evolving, and specific cases may require detailed legal analysis.

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