Influencers and Intellectual Property: Reading Devi Prasad Shetty v. Medicine Me for Personality and Publicity Interests of Non-Entertainer Celebrities

Abstract

The judgment in Devi Prasad Shetty and Anr. v. Medicine Me & Ors. is a major step forward for the privacy and publicity rights of celebrities in Indian law. Protection under the IP law has been extended, to famous entertainers, and well-known professionals. In this case, Dr. Devi Shetty successfully claimed his right to control the sale of goods and services that bear or relate to his name. The ruling made it clear that fame, no matter where it comes from or what its nature is, makes a person's name and image their private property and economic capital that should be protected by privacy and IP laws. The Hon’ble Court, in deciding this dispute, rightfully invoked the torts of passing off, trademark dilution, and defamation to show just how broad and variegated the offense of misusing a celebrity's personal attributes is. The present case commentary analyses the decision in the light of a few affirmative pronouncements of domestic and foreign judiciaries. It also alludes to the intersection of the Trade Marks Act, Competition Act, Copyright Act, and Constitution, while highlighting the judiciary’s role in filling legislative gaps. In increasing abuse of identity, this case reiterates that any renowned personality is not just a reflection of fame, but a proprietary asset. Devi Shetty’s case sets, a precedent in treating reputation as property, deserving the same legal sanctity as most creative possessions.