The year 2026 is poised to witness a fundamental transformation in how celebrities and corporations safeguard their most valuable intangible assets: their identity, reputation, and goodwill. Moving away from the frantic, ad-hoc courtroom scrambles of 2025, the focus will shift decisively towards structured, commercially-driven strategies for owning, licensing, and enforcing personality and brand rights.
From Reactive Lawsuits to Proactive Commercial Assets
One of the most significant shifts anticipated in the coming year is the evolution of personality rights. These rights are transitioning from being merely a legal shield used in reactive litigation to becoming structured, revenue-generating commercial assets. This trend, which gained momentum in 2025 with a diverse queue of Indian celebrities seeking protection, is expected to broaden significantly. It will now encompass digital creators, athletes, influencers, podcasters, and any high-visibility individual whose identity holds commercial value.
The list of personalities who approached courts in 2025 was extensive and varied. It included Bollywood icons like Aishwarya Rai Bachchan, Salman Khan, and Akshay Kumar, southern stars such as Chiranjeevi and Junior NTR, playback singers Kumar Sanu and Asha Bhosle, and even figures from the creator economy like influencer Raj Shamani. They all sought to restrain the unauthorized use of their name, image, and likeness.
"In 2026, personality rights will be actively monetised through licensing, virtual avatars, controlled endorsements and content collaborations," said Amit K. Panigrahi, partner at Kochhar & Co. He emphasized that these rights are no longer just a defensive tool but a structured commercial asset. Monetization will take layered forms, with rights being licensed across different platforms, territories, and timelines, including for use in virtual environments, gaming integrations, and synthetic media.
The Rise of Preventive Enforcement Tools
Parallel to the commercialization of personality rights is the growing strategic use of "well-known" trademark status as a powerful preventive tool. Under Indian trademark law, a mark recognized as "well-known" enjoys protection beyond its registered classes, enabling faster legal action against digital impersonation and misuse.
Brands including JioStar, Sony, Zee Entertainment, and Gameskraft have already successfully secured dynamic injunctions against rogue websites. This allows courts to block mirror domains without the need for repeated legal filings. "Well-known trademarks have shifted from symbolic recognition to practical enforcement tools," noted Swati Sharma, partner and head of intellectual property at Cyril Amarchand Mangaldas. She highlighted that this status works in tandem with dynamic injunctions and customs enforcement to prevent damage before it escalates.
Legal experts predict that more brands and celebrity-led ventures will proactively seek this recognition in 2026, not only for stronger enforcement but also to signal legitimacy in a fragmented digital marketplace.
Digital Abuse Fuelling the Urgency for Protection
The urgent pivot towards proactive strategies is driven by the alarming scale and speed of digital abuse. Deepfake fraud has emerged as a critical cyber threat in India, with projected losses estimated at a staggering ₹70,000 crore in 2025, according to a report by Pi-Labs. The Ministry of Home Affairs informed Parliament that over 65 lakh cybercrime incidents were reported on the National Cybercrime Reporting Portal between 2021 and June 2025.
The legal system is feeling the pressure. The Delhi High Court's IP Division, a leading forum for such cases, saw a 75% increase in rogue-website cases in 2024 compared to the previous year. This environment makes prevention far more critical than correction after the fact.
Sanchi Sehgal, senior associate at Tulsea, stated that proactive protection in 2026 will manifest through continuous online monitoring, quicker platform-level takedowns, and a stronger focus on trade dress. At a policy level, the government is also engaging more deeply, with recent working papers on generative AI and copyright signalling that misuse of identity will be a central regulatory concern.
However, lawyers caution against overreach. Ankit Sahni, partner at Ajay Sahni & Associates, warned that 2026 will test the limits of commercialization without eroding credibility. Clearer contractual frameworks and tighter usage boundaries will be essential to ensure monetization does not compromise authenticity or long-term brand value.
In conclusion, 2026 marks a structural shift where intellectual property is becoming central to brand valuation and long-term planning, moving far beyond its traditional role as a mere courtroom tool.
