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

The Delhi High Court is examining how far personality rights and reputation protections can extend within a family, in a case originally filed by Aaradhya Bachchan, daughter of Abhishek Bachchan and Aishwarya Rai, over misinformation about her health.

The case, first filed in 2023, returned to the spotlight this week after the court raised broader questions about how the law should treat a family's name and reputation.

Court examines how trademark principles apply to personal reputation

According to Hindustan Times, during Thursday's hearing Justice Anup J. Bhambhani examined how the law should apply when a person's name and reputation, rather than a product or service, are at the centre of an intellectual property dispute.

The judge pointed out that while the value and reputation attached to a trademark are generally associated with a product or service, Aaradhya’s case involved the reputation of an individual and her family.

Justice Bhambhani asked, “If a family name is akin to having a reputation attached to a trademark, how far down the generations does such reputation of family name inure? A certain last name has a reputation because of the achievements, the eminence in a certain field of work, etc. So, does that reputation, that you are couching as virtually as a trademark … Does that flow down generationally? If so, up to what point?"

The court also considered whether fake or misleading news could amount to a violation of intellectual property rights and, if so, which legal provisions would govern such a claim.

Advocate Pravin Anand, appearing for the Bachchan family, argued that attempts to exploit or damage their reputation should be prevented. He also highlighted the use of photographs of the Bachchan family and the association of their name with the alleged misinformation.

What happened in Aaradhya Bachchan’s case?

The legal battle began in 2023, when Aaradhya approached the Delhi High Court over videos allegedly spreading false information about her physical and mental health.

In April 2023, the court restrained several YouTube channels from circulating misinformation about the then 11-year-old. The court stressed that every child, regardless of whether they are born into a celebrity family, deserves dignity, honour and respect. It also held that spreading misleading claims about a child's physical or mental health was impermissible in law.

Aaradhya is the only child of Abhishek Bachchan and Aishwarya Rai. The couple married in 2007 and welcomed their daughter on November 16, 2011.

The latest hearing could therefore have implications beyond the specific claims made about Aaradhya, particularly around how Indian law treats a celebrity family’s name, reputation and personality rights across generations.