Delhi HC questions trademark-like protection for family reputation

Aaradhya Bachchan case: Delhi HC asks how far a famous family name’s reputation extends

The Delhi High Court has asked whether a famous family name’s reputation can be treated like a trademark and, if so, how far it extends across generations. Justice Anup Jairam Bhambhani framed…

The Story in Brief

The Delhi High Court has asked whether a famous family name’s reputation can be treated like a trademark and, if so, how far it extends across generations. Justice Anup Jairam Bhambhani framed three broad questions on Thursday while hearing a case filed by Aaradhya Bachchan, daughter of Abhishek Bachchan and Aishwarya Rai Bachchan, against YouTube channels that falsely claimed she was seriously ill, hospitalised, or had died. The court will examine whether fake news can violate intellectual property rights and whether defamation fits within IP law. It had granted an interim injunction in April 2023, stressing that every child is entitled to honour regardless of fame. The next hearing is on September 15.

The Indian Opinion

The court’s scepticism about treating family names as trademarks is fair. Personality rights are ballooning, but Aaradhya Bachchan faces real harm: fake videos claim she died. The lazy narrative is that celebrities seek special protection. Actually, every child deserves protection from malicious lies, as the court noted in 2023. The hard question is where reputation ends and inherited brand begins. Can a 13-year-old own goodwill earned by three generations? The September 15 hearing will test how far trademark logic can stretch without absurdity.


Source: timesofindia.indiatimes.com

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