DM Entertainment Pvt. Ltd. v. Baby Gift House & Ors.

A leading Indian judgment recognizing personality rights and celebrity publicity rights under trademark and passing-off law.

Summary

This case is a milestone in Indian intellectual property law concerning the protection of celebrity identity. DM Entertainment Pvt. Ltd., the company managing famous singer Daler Mehndi, filed a suit against Baby Gift House for unauthorized use of the name “Daler Mehndi” on dolls and merchandise. The Court examined whether using a celebrity’s name and persona without consent amounts to passing off and violation of publicity rights.

Facts of the Case

DM Entertainment held exclusive rights to manage, license, and commercially exploit Daler Mehndi’s name, image, and reputation. Baby Gift House began selling dolls under the name “Daler Mehndi” without obtaining any permission or licence. DM Entertainment argued that such use misled consumers into believing that the products were officially endorsed by the singer. The defendants claimed that the name was used casually and did not constitute trademark infringement.

Findings / Reasoning

The Delhi High Court held that a celebrity’s name has commercial value and functions as a source identifier. Unauthorized use of such a name for commercial gain amounts to passing off. The Court recognized that celebrities possess enforceable publicity rights, and these rights extend to preventing others from exploiting their identity without consent. It was observed that consumer confusion and unjust enrichment were clearly present in this case.

Suggestions / Observations

The judgment clarified that traders must exercise caution while using names of famous personalities. Even in the absence of a registered trademark, celebrity names are protectable if goodwill and reputation are established. The Court reinforced that personality rights are part of the broader framework of unfair competition and consumer protection.

Judgment & Date

The Delhi High Court granted an injunction restraining Baby Gift House from using the name “Daler Mehndi” on its products. The Court upheld DM Entertainment’s exclusive rights over the celebrity’s commercial identity.

Judgment Date : 28 April 2010