Abstract

The perceptibility of individuality lies at the core of human identity and is safeguarded through the concept of personality rights. While for many, these rights are inherent, for public figures and celebrities, they are often earned through years of dedication, talent, and perseverance. However, with rapid advancements in media and merchandising technologies, a troubling trend has emerged — the unauthorized and widespread secondary commercial exploitation of an individual’s persona, particularly that of celebrities. This paper seeks to explore the evolving concept of personality merchandising, tracing its journey from its inception to its present-day relevance. It critically examines how the commercialization of personality has become a profitable industry, often functioning at the expense of the very individuals whose image, name, likeness, or voice are being commodified without their consent. By analyzing judicial trends and approaches across various jurisdictions, the paper sheds light on how different legal systems have approached the protection of personality rights, particularly in the context of unauthorized commercial usage. A core concern this paper raises is the reputational harm and economic injustice caused to celebrities whose identities are misappropriated for commercial gain. Despite limited protection under trademark, copyright, and related intellectual property frameworks, there remains a significant gap in the legal structure to fully address such misuse. The paper argues for a more robust and structured legal framework in India that not only recognizes personality rights as a proprietary interest but also provides mechanisms for assignment, licensing, and enforcement. In light of global developments, it advocates for the incorporation of explicit provisions within existing intellectual property laws and recommends the enactment of a dedicated legislation that addresses personality merchandising and protects individuals — especially celebrities — from unauthorized commercial exploitation of their persona in the digital and media-driven age.

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