The United States has a strong framework in place to safeguard personality rights, especially through its codified laws on rights of publicity. In contrast to India, where personality rights are dispersed through various legal theories, the United States expressly acknowledges a person’s right to manage how their identity is used for making money. This recognition, codified in many state laws, provides a strong precedent for India to establish a comprehensive legal regime for personality trademarks.
Personality rights in the United States are mainly protected by state laws. Two prominent examples are the Indiana Right of Publicity Statute, which is regarded as one of the strongest, and the California Civil Code (Section 3344), which provides for trademark protection and penal damages. According to this Section, any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof.
These laws expressly give people the right to prevent unauthorised commercial use of their name, likeness, voice, signature and even gestures or other distinguishing characteristics. California, for instance, guarantees the long-term preservation of the person’s identity by extending these rights for 70 years following the person’s death. The Lanham Act, which is a federal trademark law, also promotes personality protection by preventing false endorsements or misleading associations with a celebrity’s identity.
The United States’ strategy shows how codified laws improve enforcement consistency and clarity. In Haelan Laboratories v. Topps Chewing Gum Co, for example, the court established a basis for safeguarding personality traits by acknowledging the right of publicity as a separate legal right. Additionally, recent instances of celebrity likeness misuse in digital and AI-generated content show how flexible US laws are in responding to current issues.
