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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

IP UNFOLD MONTHLY IP INFO-APRIL, 2025

1. Viva Holdings, along with its 37 subsidiaries, has signed the Ecommerce MOU to strengthen protection of its digital content and retail products against piracy. IPOPHL sees this as a major move encouraging more creatives to protect their IP rights. Viva emphasized that piracy threatens a large portion of its revenue, and stronger collaboration with platforms is crucial for sustaining the creative industry.   2. The USPTO has granted a patent to Ramper, a Web3 startup under Vietnam's Ninety Eight, for its social login feature that simplifies access to Web3 apps using platforms like Google and Facebook. This innovation addresses accessibility barriers in Web3 and signals strong progress for Vietnam’s blockchain sector. The patent also highlights Vietnamese startups’ growing global ambitions in the tech space.   3. The Supreme Court of New Zealand ruled that while copyright is relationship property under the PRA, Sirpa Alalääkkölä retains sole ownership and control of her artwo...
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D.Gowthami Reddy, Partner, M/s.Pentallect Partners

IS CELEBRITY IMAGE, AN EXPLOITABLE IP?

I saw a thought-provoking advertisement few days ago; a poster of a debit card with a picture of Ranveer Singh on the card and at the bottom of the poster it was written “limited edition card”. This advertisement reminded me of “the use of a persona of a celebrity as intellectual property”. These are certain specific rights enjoyed by celebrities by exploiting their celebrity image. These rights are called Image Rights or Personality rights.

Personality Rights are a mixture of privacy and publicity rights- they give celebrities the sole right to commercially exploit their personality. In everyday life, we come across many advertisements wherein celebrities are seen endorsing different products and services.

For eg; Amitab Bachhan for Maggi, Dabur, Parker; Ranveer Singh for Addidas, Kotak Mahindra, ITC’s Bingo Mad angles, Vivo smartphone; M.S Dhoni for Boost, Ashok Leyland, etc.

Marketers hire celebrities to endorse their products in the hope that the positive images of the celebrity endorser will also be passed on to the products or the brand image associated with the celebrity. Celebrities have mass communication skills which can attract people's attention and is helpful in reaching a wider audience to raise their awareness of their product or service.

As long as there is consent, all is well; if no consent or permission of the concerned celebrity is obtained you may end up in a legal puddle.


Here are few Indian and international cases wherein the celebrities sought the help of the courts against the unauthorized or inappropriate use of their Intellectual Property in their persona.

  1. Rajat Sharma v/s Zee Media
  2. Justice K. S. Puttaswamy (Retd.) v. Union of India 
  3. Rajagopal v. State of Tamil Nadu (1994)
  4. P.H.Manojpandian vs Dalia Sen Oberoi
  5. Phoolan Devi vs Shekhar Kapoor And Ors.
  6. Akshaya Creations & Anr. v. Muthulakshmi
  7. Titan Industries Ltd. vs M/S Ramkumar Jewellelrs
  8. Shivaji Rao Gaikwad (aka Rajinikanth) v. Varsha Productions
  9. D.M. Entertainment v Baby Gift House
  10. Sonu Nigam v. Mika Singh and Ors
  11. Sourav Ganguly vs Tata Tea
  12. ICC Development (International) Limited v Arvee Enterprises
  13. Star India Private Limited v Leo Burnett India (Pvt) Ltd.
  14. Chorian Rights Limited v MS Ishaan Apparel & others
  15. Michael Doughlas and Catherine Zeta Jones v Hello Limited
  16. Henderson v Radio Corp Pty. Ltd
  17. Paul Hogan v Koala Dundee Pty Ltd
  18. Hogan v Pacific Dunlop
  19. Carson v. Here’s Johnny Portable Toilets, Inc.
  20. Uhlig LLC v. Shirley
  21. House v. Sports Films & Talents 
  22. Arun Jaitley v. Network Solutions
  23. Gignilliat v. Gignilliat, Savitz & Bettis L.P)
  24. Gautam Gambhir V. D.A.P & Co.
  25. Elvis Presley Enterprises v Sid Shaw Elvisly Yours
  26. Fenty v. Topshop 
  27. Re Gary Honey v Australian Airlines Limited and House of Tabor Inc 
  28. Aubry v Éditions Vice-Versa Inc,
  29. Krouse v. Chrysler Canada Ltd.,
  30. Athans v. Canadian Adventure Camps 
  31. Grütter v Lombard.
  32. Gould Estate v. Stoddart Publishing Co. Ltd. 
  33. Polaroid Corp. v. Polarad Elects.
  34. Lugosi v. Universal Pictures 
  35. Phillips v. Scalf
  36. ETW Corp. v. Jireh Publishing,
  37. Johnny and Edgar Winter v. DC Comics
  38. Nussenzweig v. DiCorcia,
  39. James "Jim" Brown v. Electronic Arts, Inc.,
  40. Miss Kajal Agarwal Vs. The Managing Director, M/s V.V.D. & Sons Pvt. Ltd.

         

 

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