Should CEOs, founders trademark their names? The case for protecting business leaders’ personal brands

As CEOs and founders become the face of their companies and personal brands, the push to trademark identities and protect personalities is gaining momentum.

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  • Kashmeera Sambamurthy,
| February 13, 2025 , 8:56 am
Speaking of celebrities, seeking protection against misuse of their names has usually been the domain of the well-known faces in the media and entertainment industry, like actors Amitabh Bachchan, Jackie Shroff and Anil Kapoor. In the business world, it is normally companies that take recourse to the law to prevent misbranding or knock-offs, as highlighted on corporate law firm Parker & Parker’s website. (From top left: Ashneer Grover, Bhavish Aggarwal, Aman Gupta, Deepinder Goyal, Anupam Mittal, Ghazal Alagh and Vineeta Singh)
Speaking of celebrities, seeking protection against misuse of their names has usually been the domain of the well-known faces in the media and entertainment industry, like actors Amitabh Bachchan, Jackie Shroff and Anil Kapoor. In the business world, it is normally companies that take recourse to the law to prevent misbranding or knock-offs, as highlighted on corporate law firm Parker & Parker’s website. (From top left: Ashneer Grover, Bhavish Aggarwal, Aman Gupta, Deepinder Goyal, Anupam Mittal, Ghazal Alagh and Vineeta Singh)

Rajat Srivastava, the founder of a local website called Delhi Today, was all set to host the “Ratan Tata National Icon Award 2025” and “India Visionary Leaders Summit 2025” on February 10 in New Delhi. All the while pretending that the event was supported by the Tata Group.

Taking note of this, on February 7, based on a petition filed by Tata Sons and the Sir Ratan Tata Trust, the Delhi High Court restrained Srivastava and others from using the trademark ‘Tata’, and the name and photograph of Tata Sons’ late Chairman Emeritus Ratan Naval Tata. And, on February 10, Delhi High Court recognized the name “Ratan Tata” as a well-known trademark and granted a permanent injunction against any unauthorized use of his name or image by any third party.

On January 6, former BharatPe founder Ashneer Grover trademarked his name under Class 41 of the Trade Marks Act, 1999. Class 41 covers education, training, entertainment, sports and cultural activities, said Siddharth Chandrashekhar, advocate and counsel, Bombay High Court, giving the brand owner exclusive rights in these fields, and disallowing others from using a deceptively similar name to mislead audiences.

He explained, “It’s not just protection — it’s dominance as far as legitimacy goes. Whether you run an online course, gym, film studio or even a comedy club, this trademark ensures that your brand remains yours alone. If someone attempts to use a confusingly similar mark, you can take them to court, demand damages and legally shut them down.”

Trademarking, as explained by Abhishek Chansoria, principal associate, Saraf and Partners, is a specific form of protection under the Trade Marks Act, which prevents others from using the registered name for commercial purposes.

Personality rights, also known as publicity rights, where trademarking is considered a key aspect, offers broader protection by encompassing all distinctive aspects of an individual’s identity.

Shashank Agarwal, proprietor, Shashank Agarwal and Associates, added, “The laws which protect a person for infringement of personality rights is not just trademark but copyright, “law of thought” behind the concept of “passing off”, and Article 21 under the Constitution of India.”

In India, many business personalities through their prolific work have earned respect and admiration over a period. From Mahindra Group chairman Anand Mahindra to Biocon founder Kiran Mazumdar-Shaw. Many of them have raised their profiles by being active on social media, notably Mahindra. Several new-age entrepreneurs too have attained near-celebrity status – from Ola Consumer’s Bhavish Aggarwal, boAt’s Aman Gupta, and Zomato’s Deepinder Goyal to other business leaders and startup founders like Anupam Mittal, Ghazal Alagh, Vineeta Singh who also feature in reality TV shows.

Seeking protection against misuse of their names has usually been the domain of the well-known faces in the media and entertainment industry. Film celebrities like Amitabh Bachchan have long sought legal protection against the misuse of their names. But the business sector has largely been a bystander.

In the corporate world, it is typically companies — such as Bisleri, Infosys, Nirma, Biocon, Bajaj, Whirlpool, and others — that turn to the law to shield themselves from misbranding or counterfeiting. This is evident from the examples shared by corporate law firm Parker & Parker, highlighting the trademark protections sought by these entities.

However, recent reports suggest a shift, with BharatPe’s co-founder, Ashneer Grover, becoming the first business leader to pursue legal safeguards for his personal brand through a trademark. His move raises an intriguing question: Is this the beginning of a wider trend, and should other business figures follow suit in protecting their names and identities?

Why is it important?

Saraf and Partners’ Chansoria pointed out what made Grover’s case distinct. “For instance, Ratan Tata successfully contested a cybersquatting case involving the domain name “ratantata.com” before WIPO (the World Intellectual Property Organisation) in 2009,” he said. In 2000, the Delhi High court restrained a Nashik-based IT company from using bisleri.com following a suit filed by the makers of Bisleri mineral water.

“However, this case dealt with domain name infringement and not trademarking a personal name. Grover’s trademarking of his name is a proactive step to protect his personal brand, which is becoming increasingly common as business leaders leverage their personal identity for commercial gain.”

Shashank Agarwal of Shashank Agarwal and Associates offers a compelling theory as to why business leaders in India have been reluctant to seek legal protection for their personal brands. According to Agarwal, in a country where figures from cricket and Bollywood dominate the cultural landscape, the corporate world often takes a backseat. He suggests that many businesspeople likely believe their personas are not sufficiently marketable to warrant such protection. “Most probably, they are of the opinion that their persona cannot be taken much advantage of,” Agarwal observed.

Moreover, business tycoons tend to maintain a more subdued public profile, focusing primarily on their businesses rather than cultivating a personal brand. Advocate Chandrashekhar drew a comparison to showrunners—those behind-the-scenes figures who work diligently on their products and services, often leaving the spotlight to celebrity endorsers.

That said, Chandrashekhar pointed out that there are exceptions—business leaders who are so intricately tied to their companies that their identities become inseparable from the brands they represent. Vijay Mallya, for example, raised the profile of United Breweries’ Kingfisher beer during his tenure as chairman, significantly boosting the brand’s visibility and sales.

Globally, figures like Bill Gates and Jeff Bezos have become household names, with Gates synonymous with Microsoft and Bezos with Amazon. Similarly, Mukesh Ambani of Reliance Industries, Ratan Tata of the Tata Group, and Zomato’s Deepinder Goyal have attained such prominence that their names are now integral to their companies’ identities.

In an era of change, AI and deepfakes

Chansoria highlighted a key reason why those in the media and entertainment industry are more inclined to seek personality protection. “The reason for the surge in the media and entertainment industry applying for personality rights is that celebrities, actors, and influencers rely heavily on their personal brand for endorsements, collaborations, and fan engagement,” he explained. “Their images, voices, and likenesses are frequently used in advertisements, films, and digital content, making them more vulnerable to misuse.”

He further noted, however, that business and sports figures tend to build their brands around their professional accomplishments rather than their personal identities. Yet, with the rise of social media and podcasts, business leaders and founders are increasingly stepping into the public eye. As a result, Chansoria suggested, we may see more applications for personality rights in these sectors as well.

Lloyd Mathias, angel investor and business strategist, was unequivocal about the necessity for business personalities to seek such protection. “Since we are in the AI era, it has become easier to clone someone digitally, put it on the internet, and derive benefit—or even spread unfair things about them,” Mathias cautioned, underscoring the growing risks in an increasingly digital world.

Has Ashneer Grover set off a trend?

Chansoria reflected on Ashneer Grover’s growing prominence, noting how much the landscape has shifted. “Five or six years ago, if an article stated, ‘According to Ashneer Grover, this new startup’s idea is good,’ chances are, nobody would have paid much heed to it,” he observed. “But now, with his high recall factor among audiences, people are likely to give more weight to his words.”

Mathias, too, believes that Grover has set an important precedent. “Just like companies protect their brand assets by registering them as trademarks, we’ll see many more business personalities follow suit in protecting their own identities,” he asserted, emphasizing that Grover has paved the way for a future where personal brands in business receive the same legal attention as corporate trademarks.

“To my mind, there is a possibility of exploitation when a personality is so large,” Chandrashekhar remarked, highlighting the risks that come with widespread fame. He also pointed out a growing trend where companies are increasingly using their founders and CEOs as key elements in marketing strategies, leveraging their personal influence to forge stronger connections with audiences. “As a result, we are likely to see more companies trademarking their founders’ or CEOs’ names to protect and capitalize on their personal brand value,” he added, suggesting that this move could become a standard practice in the corporate world as business leaders become more integral to their companies’ identities.

Read More: Ashneer Grover trademarks his name, here’s what it means

Read More: Delhi HC protects “Ratan Tata” name, rules it as a well-known trademark

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