Legal Question in Business Law in India

Endorsement rights

can we use a celebrity in a contest for a product launch even if the celebrity is not endorsing the product


Asked on 4/20/01, 7:13 am

1 Answer from Attorneys

Aditya Shroff S. Jalan & Company

Re: Endorsement rights

It depends on the nature of use of the celebrity in the product endorsement/product launch competition. There is a common law right of a celebrity to gain from the commercial exploitation of its brand image, name, photo, voice etc. Though this has never been tested by the Indian judiciary yet, such a claim may be made by the celebrity whose name, photo, voice etc. being used by a company to launch its product without the prior permission or commercial arrangement with the celebrity.

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Answered on 6/13/01, 2:58 am


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