In India, any distinctive element that serves to uniquely identify and distinguish the goods or services of one person from those of others can be filed as a trademark. While a trademark must be capable of being graphically represented for legal registration, this requirement does not limit the scope of what can be registered as a trademark. The distinctiveness is still the key criteria, ensuring that it contributes to brand identity and consumer recognition.

This broad approach includes, but is not limited to, unique celebrity poses and moves (such as the lightning pose by Usain Bolt; read more here), which are uniquely attributed to them and hence, eligible for legal protection as trade marks, serving to distinguish the goods or services of one person from those of others, in protecting a celebrities’ rights.

Additionally, trade marks can cover words, devices, brands, taglines, labels, names, signatures, words, letters, numerals, shapes of goods, packaging, and color combinations. The expansive scope of what can be trade marked underscores the importance of protecting unique attributes and ensuring that they contribute to brand identity and consumer recognition. In light of the proliferation of technology and media, it has become evident that the utilization of a celebrity's photograph, distinctive attributes, mannerisms, and the like, carries significant worth, thereby conferring a commercial value upon the distinctive characteristics of said celebrities, in a country that worships cricket and Bollywood.

In the evolving landscape of entertainment and media, the rights of celebrities have become increasingly significant. The scope of celebrity rights encompasses various legal entitlements, such as advertising rights, personality rights, privacy rights, reproduction rights, and merchandising rights, among other recognized prerogatives. With the growing influence of social media and digital platforms, unauthorized use of a celebrity's name, voice, face, and other distinctive attributes has become a pressing issue. Courts in India have been proactive in addressing these concerns, coming to the rescue of celebrities by underscoring the importance of protecting their rights through legal means. Recent court orders have also strongly asserted the rights of celebrities, issuing ad-interim ex-parte injunctions to protect their identities. For instances, the Delhi High Court prohibited the unauthorized use of Anil Kapoor's features, and the Bombay High Court restrained platforms from exploiting Arijit Singh's personality without consent (to read more here). These decisions underscore the necessity of explicit consent from celebrities to prevent harm to reputation.

Signatures of famous people often transcend their original purpose, evolving into powerful trade marks that symbolize their personal brand. An autograph, often a mere signature scribbled on a piece of memorabilia, holds immense value not just for its tangible form but for the person behind it. What sets these signatures apart is their inherent novelty; these signatures are unique and personal expressions of the celebrity, making them distinctive marks capable of legal protection. This novelty is not merely incidental but is integral to their role as identifiers of authenticity and representatives of the celebrity’s persona. This reflects the broader economic impact of personal branding, where a signature not only authenticates but also becomes a commercialized part of the celebrity’s persona under intellectual property laws.

Legally, these signatures can be protected under trade mark laws, ensuring exclusive rights and preventing unauthorized use or imitation. According to sub-section (m) of Section 2 of the Trade Marks Act, 1999, signatures are considered marks.

Beyond legal protection, the economic value of autographed memorabilia is noteworthy. Celebrity signatures not only authenticate items but also represent their persona, adding significant economic value. Memorabilia bearing these signatures frequently fetch high prices, highlighting the intersection of personal branding, intellectual property, and economic impact in the realm of celebrity culture. Various famous people have protected their signatures as trade mark. Some examples are provided herein below:

By registering their signatures as trade marks, celebrities and public figures can extend their personal brand to a wide range of items, from clothing and accessories to posters and memorabilia. The unique value of a celebrity's signature can significantly boost sales and market presence, creating lucrative opportunities for licensing and collaborations.

Preventing Misuse: In today's rapidly evolving digital era, the protection of signatures—particularly those of celebrities and public figures—has become increasingly critical. A signature is more than just a handwritten mark; it embodies the identity, reputation, and brand of the individual and the unauthorized use can lead to exploitation, misrepresentation, and reputational harm.

Commercialize Value: Securing statutory rights for signatures enables the celebrities to control and monetize their use, ensuring that only authorized parties can profit from the same. The statutory protection supports activities like licensing for merchandise, endorsements, and promotions. Even retrospectively, rights can be assigned or licensed, generating revenue while maintaining quality control. This legal protection not only prevents unauthorized commercial use but also ensures that fans and consumers receive genuine and endorsed products.

Maintaining Celebrity Value and Identity: Protecting celebrity autographs is not just about financial benefits but also about preserving their reputation and integrity. The distinctive flourish or style of a famous person's signature thus becomes a valuable asset, intertwined with their commercial ventures and public image. Unauthorized use of a celebrity's signature can lead to misuse or misrepresentation, potentially harming their public image.

Copyright: Under the Copyright Act, a celebrity's autograph, as an original artistic work, is protected by copyright law. International conventions like the Berne Convention and TRIPS Agreement ensure global enforcement of copyright protection across member countries. This allows celebrities to control and safeguard their signatures worldwide, securing their unique personal brand against unauthorized use.

NFTs: The emergence of digital autographs, including NFTs and digital collectibles, brings both challenges and opportunities. Celebrities can leverage these for engagement and monetization, while further complicating the legal landscape, as existing laws evolve to address these new forms of intellectual property.

Filing to trade mark autographs comes with several unique challenges that can complicate the registration and enforcement process.

1. Proving Distinctiveness: It can be difficult to prove that a celebrity's autograph has acquired distinctiveness in the marketplace, especially if it is a common name or if the signature is not unique/ commercially used.

 2. Vulnerability to Non-use and Maintaining Consistency: Trade mark laws require that trade marks be used in commerce. If the autograph is not regularly used in connection with the goods or services listed, it may be subject to cancellation for non-use. Consistency is also a significant factor since celebrities' handwriting or signatures can change over time due to various factors, such as personal style changes or physical conditions. This inconsistency can lead to challenges in maintaining the trade mark's distinctiveness and recognition as well.

 3. Public Perception and Popularity: The popularity of the celebrity is crucial for trade mark protection. The autograph must have significant value and be widely recognized by the public as unique to the celebrity. This ensures that not just anyone can file trade marks for their signatures without established recognition and value. This public association helps prove the distinctiveness needed for trade mark protection.

 4. Monitoring and Enforcement: Protecting the trade mark from unauthorized use requires continuous monitoring and enforcement. This can be particularly challenging with autographs, as they can easily be reproduced or forged. Protection of an autograph as a trade mark across different jurisdictions can be challenging due to varying trade mark laws and enforcement mechanisms.

5. Control over Use and Preventing Genericide: Ensuring that the autograph is used in a consistent and controlled manner across various goods and services is essential. This can be difficult when licensing the trade mark to third parties or when managing multiple uses. There is also a risk that the celebrity autograph could become so well-known that it becomes a generic term for any similar autograph, losing its trade mark protection. 

In conclusion, the intersection of celebrity autographs and intellectual property law highlights the critical importance of protecting personal identifiers in today's digital and global marketplace. The legal protection of signatures as trademarks ensures that celebrities can maintain control over their brand, prevent unauthorized use, and preserve their reputation. As digital and physical markets continue to evolve, the need for comprehensive protection of these valuable assets becomes increasingly evident. By securing their autographs as trademarks, celebrities not only safeguard their economic interests but also reinforce the authenticity and trustworthiness of the memorabilia market. This evolving domain of intellectual property law underscores the growing significance of personal branding and the essential role of legal frameworks in protecting the unique identifiers that define a celebrity's identity and value. The protection of autographs as intellectual property is not merely a legal formality but a fundamental aspect of maintaining the integrity and value of a celebrity's brand in the modern world. Ultimately, these legal measures help ensure that a celebrity's signature remains a powerful symbol of their identity and legacy.

About the authors: Ananyaa Banerjee is an Associate Partner and Mandeep Singh is an Associate at SS Rana & Co.

Disclaimer: The opinions expressed in this article are those of the author(s). The opinions presented do not necessarily reflect the views of Bar & Bench.

If you would like your Deals, Columns, Press Releases to be published on Bar & Bench, please fill in the form available here.