Personality Rights And Trademark Law: Protecting Celebrity Identity In The Digital Age
Iram Khan, Jiwaji University
ABSTRACT
Between 2022 and 2025, the Delhi and Bombay High Courts have, one after another, passed orders restricting the unauthorised use of celebrities' voices, faces, catchphrases and even their distinctive styles of dialogue delivery. These cases involve chatbots, GIF-makers, deepfakes and AI voice-cloning platforms. What is interesting is that courts have relied on the doctrine of passing off, which was originally developed to protect businesses from unfair competition and consumer confusion, to protect something as personal as an individual's identity. In doing so, Indian courts have extended the scope of trademark law beyond what it was traditionally meant to cover. This article argues that although passing off has played an important role in protecting celebrity personality rights in India, it may not be sufficient to deal with the challenges posed by artificial intelligence, deepfakes and voice-cloning technology. Indian courts have gradually expanded the application of this doctrine to protect different aspects of a celebrity's identity. However, there are limits to how far this approach can be extended. The article argues that Indian courts have already explored most of the possibilities offered by passing off and that continuing to rely on it may not provide a long-term solution. There are several questions that still remain unanswered. For instance, how should the law deal with a celebrity's voice or image being used to train an AI model? What happens to personality rights after a celebrity's death? And how can the law distinguish between unauthorised use of someone's identity and its use for satire or creative expression? These are important questions, especially as AI technology continues to develop. While courts have been able to provide relief in individual cases, relying on separate court orders to deal with every new situation may not be enough. Therefore, this article argues that India needs a separate law specifically dealing with personality rights, rather than continuing to extend the scope of trademark law. Tennessee's ELVIS Act could provide a useful point of reference while considering such legislation. However, this is not an argument without opposing views. The flexibility of passing off is one of the main reasons why many scholars and judges continue to support its use. Although this flexibility has helped courts respond to new forms of identity misuse, it may no longer be enough to address the problems created by AI. The law has developed through several individual cases, but many important questions remain unanswered. A separate law could provide greater clarity on these issues instead of leaving their resolution to individual courts through repeated John Doe orders.
Keywords: personality rights, right of publicity, passing off, trademark law, artificial intelligence, deepfakes, celebrity identity, India
