SSRana Newsletter 2025 Issue 03

Signed And Protected: Celebrity Autographs As Intellectual Property

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 trade mark. While a trade mark must be capable to being graphically represented for legal registration, this requirement does not limit the scope of what can be registered as a trade mark. The distinctiveness still being 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 lightening pose lightening pose by Usain Bolt; to read more), 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. This broad approach allows businesses and individuals to secure legal protection for a wide range of elements that define their brand, enhancing their market presence and preventing unauthorized use by infringers.

IP and Music: Feel the Beat of IP” – Exploring the Role of Patents in the Music Industry

In celebration of the World Intellectual Property Day 2025, the WIPO has chosen a specific theme for the day: “IP and Music: Feel the Beat of IP”. This year’s theme brings to the surface the indispensable role IP rights play in the establishment of a lively and sustainable music ecosystem, where creativity, culture, and technology are all in harmony. Although the discussion around music-related IP usually revolves around copyright, but patents actually have an even more massive effect on the innovation in the music industry which cannot be overlooked.

Intellectual Property plays a vital role in protecting the rights associated with music. Copyrights secures the original musical works, trademarks protect brand names and logos related to music and patents cover the instruments and technological inventions/innovations used to create music. IP provides exclusive rights to the creators and owners, allows them to sell, use and manage their protected musical IP that also provides legal protection and restricts others from using, selling or reproducing the same work without permission, ensuring fair compensation to the original creators.

Celebrity Catchphrases as Trade Marks and their Registration

Imagine a world where not just products, but also the very words we say, can be protected by law. Recall the moment you heard the electrifying shout “Let’s get ready to rumble!” echoing, and instantly, the unmistakable voice of Michael Buffer came to mind. Or think about the phrase “Make America Great Again”, which became a political rallying cry and a powerful branding tool for Donald Trump’s presidential campaign. Similarly, there’s a word that resonates deeply with the legendary actor Jackie Shroff— “Bhidhu.” Much like other examples, “Bhidhu” is not just a word; it has become synonymous with the actor’s persona, style, and unique charm. Whenever someone hears “Bhidhu,” they instantly think of Jackie Shroff’s charismatic presence and his unmistakable way of speaking. Such terms/phrases can be legally safeguarded and commercially utilized, showcasing the power of a single word/ a phrase to embody an entire personality and brand.

Bangladesh Centralizes Patent Authority Under 2023 Act, Expand Patent Holder Rights

In a significant legal achievement for KRBL Limited, the Delhi High Court recently ruled in favor of the company in a trade marks dispute involving its iconic trade mark/brand “India Gate” and the trade mark “Bharat Gate“. This ruling, while overturning the order of commercial court dated January 9, 2024 and restoring its ad interim order dated October 10, 2020, barred the use of “Bharat Gate” due to its deceptive similarity to KRBL’s globally recognized rice brand “India Gate”.