
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