Ruling on fan site name departs from strict view

By Tushar Alphonse John, Lall Lahiri & Salhotra
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Fame and business go hand in hand. A business must establish a reputation not only to gain a competitive advantage but also to be viable in the long term. This fame however, must be balanced with exclusivity of the trade name.

The same holds true for celebrity names and the trademarks inherent in those names. Each celebrity wants to be a “household” name and yet be a “marketable” entity, capable of being recognized and exclusively associated with the name.

In terms of marketability of a celebrity name, there is a fine line between protection and exploitation of the name in all media. On the internet, where the need for protection is even greater, one aspect of celebrity remains a grey area – the use of a celebrity name by fans, be it for fan clubs or for disseminating information.

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Tushar Alphonse John is an associate at Lall Lahiri & Salhotra, which is an IP boutique based in Gurgaon.

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