India did not have a clean personality-rights doctrine until very recently. Then within 12 months the Delhi High Court delivered two orders — Anil Kapoor v. Simply Life India in September 2023 and Jackie Shroff v. The Peppy Store in May 2024 — that together built the most concrete personality rights jurisprudence India has seen.
This piece covers what these orders established, what they protect, who can rely on them, and how they interact with AI deepfakes and unauthorised commercial use of celebrity image. It is practitioner-grade reading for entertainment industry, sports management, and any brand using celebrity association.
What personality rights are
Personality rights are the right of a person to control commercial use of their name, image, likeness, voice and other distinctive personal attributes. They are different from defamation (which protects reputation) and different from privacy (which protects personal life). Personality rights protect commercial exploitation of identity.
Indian courts had touched the concept earlier — through cases like ICC Development v. Arvee Enterprises and various Bollywood-related disputes — but never crystallised a clean doctrine. The 2023-24 Delhi High Court orders changed that.
The Anil Kapoor order (September 2023)
Anil Kapoor approached the Delhi High Court alleging unauthorised commercial use of his name, image, voice, signature catchphrases (‘Jhakaas’), and AI-generated deepfakes of his persona across various e-commerce listings, ringtones, NFTs and merchandise.
The court granted a comprehensive injunction protecting his name, image, voice, dialogue delivery, signature catchphrase, mannerisms and even his image being used for endorsement-like activities without consent. Crucially, the order extended to AI-generated content — calling out the ‘misuse of technology like artificial intelligence’ for unauthorised impersonation.
The face, the voice, the catchphrase — each is property when the person is famous enough.
The Jackie Shroff order (May 2024)
Jackie Shroff filed a similar suit alleging unauthorised use of his name, image, voice, catchphrase (‘Bhidu’), and even AI-generated chatbots impersonating him. The Delhi High Court restrained multiple defendants from selling merchandise, ringtones, GIFs and AI chatbots using his persona.
What both orders established together: Indian law now recognises a robust personality right for celebrities with established public association, extending across traditional commercial use and AI-generated impersonations.
Who can claim personality rights in India
Both Delhi High Court orders involved celebrities with decades of public recognition. The doctrine, as it currently stands, requires:
- Established public association of the person’s identity with commercial value
- Demonstrated recognition (typically through movies, sports, media presence)
- Specific personality attributes that have become distinctive (catchphrases, voice, mannerisms)
For non-celebrities, the protection runs through other rights — copyright in original content, trademark of stage names, contractual restrictions on image use, and tort claims for misappropriation.
AI deepfakes — the most active enforcement area
The 2023-24 orders both explicitly addressed AI-generated content. The Indian court’s view, as it stands: AI-generated impersonation of a celebrity’s voice, image or persona for commercial purposes without consent is actionable. Defendants in both cases included parties operating AI-driven services, NFT platforms, and chatbot operators.
For brands experimenting with AI-generated celebrity ads, the rule is now clear: get a written consent, define the scope, and treat the use as a licence rather than fair use. The court will treat unauthorised AI use as severely as unauthorised photographic use.
Building a celebrity brand, esports persona or creator empire? The IP stack around personality rights is now real and enforceable. Get the foundation right early.
WhatsApp our team →How personality rights interact with trademark
Trademark and personality rights overlap but are not the same. A stage name registered as a trademark gives a statutory exclusive right in commerce. Personality rights give a broader right against unauthorised use of identity in any commercial context — even outside the trademark’s registered classes.
For most celebrities, the practical strategy is to file the trademark for the name and any signature elements (catchphrases, logo signatures) in relevant classes (Class 41 for entertainment, Class 35 for merchandising, Class 9 if app-based), and then rely on personality rights as a complementary protection for areas the trademark does not cover.
How personality rights interact with copyright
Copyright protects works (a film, a song, a photograph), not the person who appears in them. Personality rights protect the person. A photographer’s copyright in a celebrity photograph does not give the photographer the right to commercially license the celebrity’s likeness — that needs the celebrity’s consent through a model release or licence.
The takeaway
The Anil Kapoor and Jackie Shroff orders together built India’s working personality rights doctrine. The doctrine protects name, image, voice, distinctive features and catchphrases for celebrities with established public association. It extends to AI-generated impersonation. For Indian celebrities and brands working with them, the foundation is now real — and the enforcement is fast when the IP stack is in order. Endorsement contracts and trademark filings together remain the practical bedrock; personality rights add a powerful additional layer.
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