Aaradhya Bachchan case: Delhi HC raises questions over protecting a famous family name like a trademark

The Delhi High Court is deliberating the extent to which personality rights and reputation protections apply within a family, in a case originally brought forth by Aaradhya Bachchan, the daughter of Abhishek Bachchan and Aishwarya Rai, regarding false information concerning her health. The case, initially filed in 2023, has recently resurfaced as the court pondered the broader implications of how the law should address a family's name and reputation.

During Thursday's hearing, Justice Anup J. Bhambhani grappled with the application of trademark principles to Aaradhya's case, where her personal reputation is the focal point of an intellectual property dispute. The judge noted that while the value and reputation linked to a trademark typically pertain to a product or service, Aaradhya's situation involved her individual reputation and that of her family.

Justice Bhambhani inquired, "If a family name is akin to having a reputation attached to a trademark, how far down the generations does such reputation of the family name inure? A certain last name has a reputation due to the achievements, eminence in a certain field of work, etc. So, does that reputation, which you're considering as a trademark, flow down generationally? If so, up to what point?"

The court also deliberated on whether false or misleading news could be deemed a violation of intellectual property rights, and if so, which legal provisions would apply. Aaradhya's legal team, represented by Advocate Pravin Anand, contended that attempts to exploit or tarnish their reputation must be thwarted. Anand also emphasized the use of photographs of the Bachchan family and the association of their name with the alleged misinformation.

The legal dispute commenced in 2023, when Aaradhya sought the Delhi High Court's intervention against videos purportedly disseminating false information about her health. In April 2023, the court issued an injunction to several YouTube channels from broadcasting misinformation about the then 11-year-old, emphasizing that every child, regardless of their celebrity lineage, deserves dignity, honor, and respect.

The court also ruled that spreading misleading claims about a child's physical or mental health was impermissible under the law.

Aaradhya is the sole child of Abhishek Bachchan and Aishwarya Rai, who married in 2007 and welcomed their daughter on November 16, 2011. Consequently, the recent hearing may have far-reaching consequences beyond the specific allegations made against Aaradhya, especially concerning how Indian law perceives the name, reputation, and personality rights of a celebrity family across generations.