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ARTICLE · 02 SEPTEMBER 2003

Face Value: Personality Rights and Celebrity Endorsements

IndiaIntellectual Property

"The celebrity is a person who is known for his well-knownness" – Daniel Boorstein

A Right to Personality?

Recently, the actor Rajnikanth issued a legal notice just before the release of his latest film, "Baba", prohibiting anyone from imitating his screen persona or using the character of "Baba" for commercial gain, including by way of advertisements and imitation by mimics on television.

Published in a number of leading Tamil and English dailies the legal notice also declared that no attempt should be made to use Rajnikanth's photos or sketches, or attire in the film, such as head-scarves, pendants, etc, for the purpose of endorsing products.

Given Rajnikanth’s iconic status in South India, even his mannerisms, dialogues and antics have been copied and imitated innumerable times. By issuing a legal notice to prevent unauthorised copying of his ‘persona’, is Rajnikanth somehow attempting to assert his "personality right" – heretofore unheard of in Indian legal parlance. Are

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