The vast number of newspapers and magazines that publish about the lives of celebrities would suffice to substantiate the relevance of personality rights. With the public having a voracious appetite for celebrity gossip and scandal, even a minor incident involving a celebrity can be blown out of proportion causing embarrassment and humiliation to the celebrity and any other party involved. Learn more about our services at https://www.intepat.com

1. PERSONALITY
RIGHTS IN INDIA
Angela Dsouza
contact@intepat.com
www.intepat.com

2. Sometime ago, Beyoncé filed a case against a
clothing company Feyoncé stating that they
were trying to piggyback on her reputation.
Closer home, Mr. Boney Kapoor (film
producer) filed a case stating that the use of
the name ‘Sridevi’ for a movie whose poster
apparently had objectionable content was
detrimental to the reputation of his wife, Mrs.
Sridevi.
Who can forget our very own Thalaiva and
the notices he issued before the release of
his film ‘Baba’?
What were all these celebrities trying to do?
PROTECT THEIR PERSONALITY RIGHTS!
www.intepat.com

3. WHY ARE PERSONALITY RIGHTS
IMPORTANT?
The vast number of newspapers and
magazines that publish about the lives of
celebrities would suffice to substantiate the
relevance of personality rights.
With the public having a voracious appetite
for celebrity gossip and scandal, even a
minor incident involving a celebrity can be
blown out of proportion causing
embarrassment and humiliation to the
celebrity and any other party involved.
www.intepat.com

4. WHY ARE PERSONALITY RIGHTS
IMPORTANT?
In addition to this, in order to build a popular fan base, images of
celebrities are often adorned on merchandise such as T-Shirts,
mugs, bags etc. When a celebrity chooses to endorse any particular
good or service, it is perceived to reflect his/her own personal
values. Encashing on this, unscrupulous people attempt to make a
quick buck by unauthorized use and commercialization of the
celebrity’s image.
Such negative publicity and misuse of a celebrity’s status calls for
the recognition of an individual’s personality rights.
www.intepat.com

5. PERSONALITY RIGHTS IN INDIA
In India the absence of a statute makes it difficult to recognize and enforce
personality rights. However, judicial precedents developed over a period of time
have to a great extent, supported the enforcement of Personality rights in India.
One of the earliest cases was that of ICC Development (International) Limited v.
Arvee Enterprises. This judgment is noteworthy since it perceives personality rights
similar to property rights and also links it to Article 21 of the Constitution.
However, the most popular case that most people might be aware of is the case
when Superstar Rajnikanth issued legal notices before the release of his film Baba.
The legal notices prohibited the use of his caricature, dialogues etc from the
movie.
www.intepat.com

6. PERSONALITY RIGHTS IN INDIA
More recently, in 2015, Rajnikanth sued Varsha Productions with regard to their
then upcoming release ‘Main Hoon Rajnikanth’ (Shivaji Rao Gaikwad v. Varsha
Productions). Rajnikanth claimed that the film makers had copied his inimitable
style of walking and dialogue delivery. In addition, since the movie had some
immoral visuals, it could tarnish his image. Taking cognizance of
Rajnikanth’s personality rights, the Madras High Court issued a stay order on the
release of the film.
Likewise there have been several other incidents of celebrities claiming for the
rights of their personality. With its rapid development and mounting litigations, a
statute exclusively governing personality rights would definitely be appreciated.
www.intepat.com

7. Intepat IP Services Private Limited
No:8, 1st Floor, 15th Cross,
100 Feet Ring Road, JP Nagar 6th Phase
Bangalore – 560078, India
Email: contact@intepat.com Web: www.intepat.com Tel: 080-42173649