Is Personality a Subject Matter of Intellectual Property as a Trademark? A Legal Discourse

Abstract

The Trademarks Act has been a formal way of recognising the distinctive marks used by a person during any business operations or commercial enterprises to safeguard the identity they have built. It is important for proprietors to create a brand for their business that can be identified, referred to, and used to expand their goodwill. Traditionally, a trademark refers to marks, logos, and symbols used as a sign to identify with a brand or commercial activity it represents. This goes a long way in creating long-lasting impressions in the minds of consumers who might prefer or choose a particular brand. In light of this ideology, a ‘personality’ or the existence of a particular person with his unique set of attributes, skills, mannerisms, features, and qualities should also be a subject matter of trademark. We come across advertisements that have gone a long way in using these personalities and their attributes to secure a good brand name, reputation, and commercial gains too. Although this
represents monetary value in vesting traits of a particular personality, that is also an intellectual property of the person and demands protection. The paper will explore recent examples where a person’s unique traits have attracted his association with the brand, thereby helping in advertising the product with the person’s goodwill. Postures, voice, and mannerisms all go a long way in helping people remember a particular person, distinctly more so when there is an element of reputational goodwill. Any usage of the same must be warranted or allowed by the person, or else it is unfair, and an invasion of privacy too. This paper will analyze how personality is a product of intellect and deserves protection as intellectual property. A doctrinal analysis of the case laws and controversies
will help the author formulate and devise how personalities can be given protection like trademarks.