Can a famous surname protect the next generation? Delhi HC asks in Aaradhya Bachchan case

The Delhi High Court on Thursday raised questions about whether the reputation attached to the Bachchan family name can be treated like a trademark and whether such goodwill can extend across generations.

The observations came during the hearing of a case filed by Aaradhya Bachchan, daughter of Abhishek Bachchan and Aishwarya Rai, over allegedly false YouTube videos concerning her health and private life.

Court questions generational family reputation

Justice Anup J Bhambhani drew a distinction between the reputation of a trademark and that associated with an individual.

The court asked whether the reputation built around a prominent family name could continue to benefit or protect successive generations.

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 examined whether publishing fake or misleading information, even if it is of an “egregiously despicable nature”, could amount to a violation of intellectual property rights and, if so, which category of intellectual property right would apply.

Aaradhya’s plea over alleged fake videos

Aaradhya approached the Delhi High Court in 2023 through her father, Abhishek Bachchan, against several YouTube channels and unidentified individuals.

The plea alleged that videos containing false claims about her health had been circulated online. Some videos reportedly claimed that she was seriously ill and had been hospitalised, while one allegedly claimed that she had died. Other content accused the Bachchan family of delaying her medical treatment.

Advocate Pravin Anand, appearing for the plaintiffs, argued that attempts to damage or exploit the family’s goodwill should be stopped. He also submitted that such goodwill could diminish over time and pointed out that photographs of the family were being used alongside the alleged false claims.

HC had earlier restrained YouTube channels

The court had earlier, on April 20, 2023, restrained several YouTube channels from publishing misleading content about Aaradhya’s health.

The single-judge bench had said that spreading misinformation about a child reflected “morbid perversity” and observed that Google could not allow such material to be disseminated.

The court had also stressed that every child has the right to be treated with honour and respect, calling the circulation of misleading information about a child's health “completely intolerable in law”.

The matter is scheduled to come up again in September.