When does a person become a brand?
▲ 3 r/IndianLawNetwork+1 crossposts

When does a person become a brand?

When a person’s name, pseudonym, stage name or other distinctive identity has acquired commercial significance and is being used to identify goods or services, it can potentially become an important IP asset. But not every name can be trademarked, this is why we have Personality rights.

This is particularly relevant to creators, artists, authors, lawyers, consultants, entrepreneurs, influencers, performers and other public-facing professionals whose identity has developed commercial goodwill.

Take Jackie Shroff.

In Jaikishan Kakubhai Saraf v. The Peppy Store, Shroff sought protection against unauthorised commercial use of his name, image, voice and persona.

What makes the case particularly interesting?

He already owned registered trademarks for “BHIDU” and “Bhidu Ka Khopcha.”

His protection therefore operated on two different levels:

Personality rights → protection against unauthorised commercial exploitation of identity.

Trademark rights → protection of distinctive identifiers functioning as commercial brands.

What should someone with a commercially valuable identity consider?

Identify what actually functions as the brand

Name, professional alias, stage name, logo, slogan or distinctive catchphrase.

Conduct a trademark search

Being the person’s own name does not automatically make it registrable. Distinctiveness and existing marks matter.

Select the relevant classes

Trademark protection is limited to the goods and services for which protection is sought.

Document commercial use

Advertisements, invoices, collaborations, websites and promotional material can become important evidence.

Use multiple layers of protection

A trademark does not automatically protect a person's photographs, voice, likeness or AI-generated imitation. Personality rights, copyright, passing off and contractual protections may operate alongside it.

The Delhi High Court's decision in Vikas Pahwa v. Ashok Kumar (John Doe) & Ors. illustrates this broader approach. Vikas Pahwa is a Senior Advocate whose name, image and professional identity were allegedly misused online without authorisation.

The important point is not that everyone can trademark their personality.

It is that when personal identity acquires genuine commercial distinctiveness, it can become an asset capable of legal protection.

The person remains the person.

But the commercially distinctive identity can become the brand

#TrademarkLaw #PersonalityRights #IntellectualProperty #IPLaw #IndianLaw #BrandProtection

u/Yuunoia — 6 days ago
▲ 13 r/IndianLawNetwork+1 crossposts

The Death of Attention

I sometimes wonder when I became incapable of being alone with my own mind. I used to read research papers, I could spend hours immersed in difficult ideas quite happily with nothing demanding my attention except the page or the ideas. A few months back, even a few minutes without my phone used to feel strangely unbearable. I guess this is what dopamine loading does to a person. We feed ourselves small pleasures until ordinary life becomes insipid and begins to feel like suffering. For months I have been trying to reclaim it ( as my profession demands focus especially as a newbie )

Now I force myself to read reports, research papers, complicated documents. Sometimes I read the same paragraph over and over almost feeling how stupid I am and wondering how much my attention span has deteriorated. And when I remember the person I used to be and find it difficult not to feel disgusted by what I have become. Anyways looking at the positive side strangely ....I am improving. Half an hour without my phone once seemed impossible but now I can stay away for hours (again, maybe I have no choice now).

But I still have to fight myself not only for attention and deep focus but sometimes like when out of habit I use AI to check whether my articles, documents, and research papers are grammatically sound , even though I know it is absolutely error free. The only thing I'm glad about is that my vocabulary is still better than its AI-curated alternatives.

Anyways, In this ongoing process I have realised that freedom begins in the small and humiliating act of trying to become yourself again.I am sharing this because perhaps someone else is quietly losing themselves too. If you are I truly understand, please keep trying.

Ironically I once wrote an article on "The Great Algorithm Hoax - why we should not use our phone mindlessly"

And now here I'm confessing my addiction...I mean this is funny.

reddit.com
u/Yuunoia — 7 days ago
▲ 5 r/IndianLawNetwork+2 crossposts

Can your employer ask for your Aadhaar?

Can your employer ask for your Aadhaar?

Yes, but only when it's genuinely necessary and for a lawful purpose.

An employer cannot collect personal data simply because "it's part of the process." Under the DPDP Act, 2023, organizations are expected to collect only the data they need, use it only for the stated purpose, and protect it with appropriate safeguards.

If an organization asks for Aadhaar or other personal information, a reasonable question to ask is:

Why is this information needed, and is there a less intrusive way to verify my identity?

Have you ever been asked to submit a document that felt unnecessary during hiring or onboarding?

Let's discuss.

u/Yuunoia — 14 days ago
▲ 768 r/IndianLawNetwork+4 crossposts

PLEASE MAKE A WILL !! To all My Married Hindu women in India

(Edit: Men feel free to stay away from the post. It's not a ragebait. All I want to do is create awareness for my fellow other Indian women in the sub. Stop getting triggered. And its not about Husband and his family should not get a share in wife's assets. Its more about how unfair it is for women to know that her parents have legal rights over her assets after her husband's entire heirs lineage including mama, mami, chacha and all. The post is created to create educational awareness to know their rights and make a choice or decision to decide who should get their wealth / assets in case of their death.)

I just found out something that honestly made my blood boil.

If you're a Hindu married woman and you die without a Will, the Hindu Succession Act decides who gets your self-earned assets and streedhan.

The order is:

✅ Husband & children

⬇️ Then...

Your husband's heirs (depending on who is alive, this can include his parents, siblings, nephews, nieces, uncles, aunts, chacha, chachi, mama, mami, bhua, fufa, cousins and other relatives who are legally recognized as his heirs under the Hindu Succession Act).

⬇️ Only AFTER THAT... (This too happens in a rarerest of rare case)

Your own mother and father.

Read that again.

Your husband's legal heirs come before the parents who raised you.

So if you spent your entire life earning, investing, buying jewellery, building wealth, and you assume, "If something happens to me, at least my parents will get some part of it," that's not what the law says.

And here's the part that feels deeply unfair:

Your parents do not become heirs to your husband's property just because they're your parents. But your husband's legal heirs are placed ahead of your parents for your property.

Why?

Why should the family you were born into rank below your marital family when it comes to the assets you earned?

A Will fixes this.

If you want your parents to inherit some part of your hard-earned assets, don't rely on default succession law. Make a Will.

Most women have never been told this. They should be.

_________________________________________________________________________________________

This isn't just a theoretical law. It has actually happened.

In Omprakash v. Radhacharan (2009), a woman named Narayani Devi became a widow just 3 months after her marriage.

She was driven out of her matrimonial home by her in-laws.

She went back to live with her parents, who educated her, supported her, and helped her rebuild her life.

She got a job, earned her own money, built her own savings, accumulated bank deposits, and PF. These were her self-earned assets, not property inherited from anyone.

She never remarried.

Then she died without making a Will and had no children.

Her mother claimed the assets.

Her in-laws also claimed them.

The case reached the Supreme Court.

The Court held that under Section 15(1) of the Hindu Succession Act, her self-acquired property would not go to the parents who raised and supported her after she was widowed.

It would go to the heirs of her deceased husband because, under the statutory order of succession, the husband's heirs rank before the woman's own parents.

Whether you agree with that law or not is a separate debate.

But every independent Hindu woman should know it.

If you don't want the law making that decision for you, make a Will.

reddit.com
u/Cheese-Garlic-Bread — 19 days ago
▲ 4 r/IndianLawNetwork+1 crossposts

Can apps really ask for all the permissions they request?

I recently started reading about India's Digital Personal Data Protection (DPDP) Act, 2023, and one thing surprised me.

Many of us tap "Allow" without thinking when an app asks for access to our location, contacts, camera, or microphone.

But should every app really need all of that?

The DPDP Act encourages organizations to collect only the data that's necessary for a lawful purpose and to be transparent about why they're collecting it.

I made a simple infographic explaining this because I think most people don't realize how much personal information they're sharing.

I'd love to know, what's the weirdest permission an app has ever asked you for, which was totally not required and unrelated for app? Have you ever denied one?

u/Yuunoia — 14 days ago
▲ 4 r/IndianLawNetwork+1 crossposts

Get to Know Your Data | Episode 1

We're excited to launch Get to Know Your Data, a new series where we simplify the Digital Personal Data Protection (DPDP) Act, 2023 by exploring how it applies to everyday situations.

We begin with something we all do almost every day, online shopping.Online shopping has never been easier. A few taps, a payment, and your order is on its way.

But every purchase also shares your personal data. Your name, phone number, address, payment details, shopping history, and even your location may be collected along the way.

The real question isn't whether online platforms can collect this data.

It's how much of it is actually necessary.

The DPDP Act, 2023 encourages organizations to collect only the data they genuinely need, use it for a lawful purpose, protect it, and not retain it longer than necessary.

So before you click "Place Order," ask yourself one simple question:

Am I sharing this information because it's needed to complete my purchase, or simply because the app asked for it?

Privacy isn't about avoiding technology. It's about making informed choices while using it.

What do you think? Should e commerce platforms collect only the information needed to deliver your order, or is sharing more data a fair trade off for a personalized shopping experience?

u/Yuunoia — 19 days ago