Celebrity endorsements the interplay between intellectual property law and the consumer protection act, 2019

Title

Celebrity endorsements the interplay between intellectual property law and the consumer protection act, 2019

Creator

Arora D.

Description

The ambit of Copyright law has expanded over time, leading to development of newer concepts such as, Personality Rights. These rights are vested in individuals who have acquired an identifiable persona in the eyes of the public. There are two important facets to personality rights-Right to Publicity &Right to Privacy. When such identifiable identities use their acquired celebrity status to promote goods and services of a company to attract more consumers, it can be understood as Celebrity Endorsements. This is the most common source of marketing used by major companies to increase sales and garner goodwill and reputation. However, this source of communicating necessary information to the public becomes dangerous when celebrities promote false or misleading advertisements. To counter such issues, the Consumer Protection Act, 2019 introduced provisions tohold celebrities endorsing such products or services to be liable for injury suffered by consumers. The Law mandates that in order to ensure that such misleading advertisements arent promoted, the celebrities must conduct due diligence of the products before endorsing them. However, the question remains that to what extent can celebrities, who are not directly involved in production or manufacturing, be held liable for exploiting their personality rights? This paper aims at addressing the newly created legal interlink between personality rights via celebrity endorsements and protection of consumer interests. 2020, National Institute of Science Communication and Information Resources. All rights reserved.

Source

Journal of Intellectual Property Rights, Vol-25, No. 6, pp. 173-179.

Date

2020-01-01

Publisher

National Institute of Science Communication and Information Resources

Subject

2019; Celebrity Endorsement; Consumer Protection Act; Copyright Law; Hegelian Concept of Property; Merchandising Rights; Misleading Advertisements; Personality Rights; Right to Publicity

Coverage

Arora D., School of Law, CHRIST (Deemed to be University), Hosur Road, Bengaluru Karnataka, 560 029, India

Rights

Restricted Access

Relation

ISSN: 9717544

Format

Online

Language

English

Type

Article

Identifier

https://www.scopus.com/inward/record.uri?eid=2-s2.0-85102559320&partnerID=40&md5=8977bd6ebb6427cd5d16bcf9bcaa24c9