Character Merchandising: Protection in the U.K., U.S. and India

The extent of character merchandising is so wide that it cannot be adequately protected within the ambit of the present IP regime. Be it the U.S., the U.K. or India, neither the trademarks laws nor the copyright regime provide an overall protection to the rights of characters. This chapter covers a comprehensive account of existing state of the law relating to character merchandising in the U.S., the U.K. and India. The chapter deals extensively with case laws decided by foreign courts to reflect upon trends and approaches adopted to protect the rights of characters. The United States has accepted and recognized the right of publicity to protect the persona of individuals, while the United Kingdom and India are still lagging behind in adopting a statutory right of publicity. As there is a lack of uniform standard regarding the protection of right of publicity, this chapter discusses the provisions of the TRIPS Agreement, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961 (Rome Convention) and the WIPO Performances and Phonograms Treaty 1996 (WPPT), that are relevant for the protection of publicity rights.