Aaradhya Bachchan case: Delhi High Court asks if Bachchan family reputation extends across generations

The Delhi High Court on Thursday framed several questions of law in a suit filed by Aaradhya Bachchan, daughter of actor Abhishek Bachchan and granddaughter of megastar Amitabh Bachchan, over allegedly misleading and defamatory content circulated about her online.

The court is examining, among other issues, whether the reputation associated with a famous family name can extend across generations and whether the circulation of fake news can amount to a violation of intellectual property rights.

Justice Anup Jairam Bhambhani raised the issue during the hearing while discussing the legal protection attached to a person's reputation.

The judge questioned whether the reputation associated with a prominent family name could be compared with the goodwill attached to a trademark and, if so, how far such protection could extend.

“The value of trademark and reputation in the trademark arises from the fact that a product or service has been rendered.

Now, this is somewhat contextually different when you are talking about a person.

A certain last name has a reputation because of the achievements, the eminence in a certain field of work, etc.

So, does that reputation, you are couching it as virtually as a trademark, does that flow down generationally? If so, up to what point?” Justice Bhambhani remarked.

Delhi High Court frames key questions in Aaradhya Bachchan case The Court subsequently framed three broad questions that it will consider in the matter.

It asked whether a family name, when associated with a reputation similar to that of a trademark, can retain that reputation across generations and, if so, to what extent.

The Court will also examine whether fake news, even when it is “of egregiously despicable nature”, can constitute an intellectual property rights violation and, if it does, what specific category of intellectual property rights may be involved.

Another question concerns the relationship between defamation and intellectual property law.

The Court will consider whether the legal concepts of slander, libel or other forms of injury to reputation can be treated as intellectual property rights.

“These are the general questions in my mind.