Personality Rights as Commercial Interests: An Indian Trademark Law Perspective

Celebrity identity in contemporary India has evolved beyond a matter of personal dignity or privacy and increasingly operates as a commercially valuable asset. In modern markets shaped by advertising, endorsements, merchandising, and digital platforms, the name, image, voice, and likeness of public figures often function as commercial signifiers capable of influencing consumer perception. Despite this economic reality, Indian law does not recognise personality rights through a dedicated statutory framework. Protection has instead developed through judicial interpretation. Indian courts have relied upon constitutional principles, privacy jurisprudence, and intellectual property doctrines to address the unauthorised commercial use of celebrity persona. Among these mechanisms, trademark law has emerged as a significant, though indirect, protective tool. By extending principles of goodwill, misrepresentation, and passing off, courts have restrained false endorsements and misleading commercial associations. However, trademark law was not originally designed to regulate control over personal identity. Its primary focus remains the prevention of consumer confusion and the protection of commercial identifiers. This paper examines personality rights as commercial interests within the framework of Indian trademark law. It analyses key judicial decisions, evaluates the adequacy of trademark-based remedies, and considers challenges arising in the digital marketplace. Through limited comparative reference to developments in the United States and the United Kingdom, the paper assesses whether Indian law requires clearer recognition of personality rights in light of expanding commercial and technological realities.