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Alliance Center for
Intellectual Property Rights


INFLUENCER BRANDING AND TRADEMARK INFRINGEMENT

July 15, 2025

*Ms. Maushmmi M

INTRODUCTION

Since the outbreak of COVID - 19, digital marketing and internet usage has given recognition to new kind of brand ambassadors ‘influencers’, blending personal expression and professional sponsorship. Influencer marketing is one of the fastest growing industries across the world and India is no exception to this trend. Indian influencers have transformed social media into powerful branding platforms, creating new opportunities as well as challenges under the Trade Marks Act, 1999.

RISE OF INFLUENCERS IN INDIA

India's influencer marketing market is experiencing unprecedented growth, growing at a compound annual growth rate (CAGR) of 25% to reach approximately ₹6,875 crore by 2025 and ₹10,750 crore by 2027. This growth is fuelled by the humongous reach of social media platforms such as Instagram, YouTube, and Facebook, which have become an integral part of individuals' daily life. Influencers on these platforms have a tendency to attract followers in numbers similar to traditional celebrities and therefore are in high demand for brand collaborations. In the light of this trend, brands are investing more and more of their marketing budget in influencer collaborations, diverting attention away from traditional advertising. Surprisingly, categories such as fashion, beauty, lifestyle, and fast-moving consumer goods (FMCG) are at the forefront, using influencers to create organic, engaging content that resonates with target communities. Moreover, the rise of micro and nano influencers has allowed brands to engage with niche consumers with very active communities, maximizing the efficiency of their marketing intervention. This is a trend that reflects a broader shift in India's advertising landscape, where influencer marketing is becoming a mainstream part of brand communication and consumer engagement.

COMMON TRADEMARK RISKS FACED BY INFLUENCERS:

Influencers in India face several trademark-related risks when promoting products or creating content for marketing purposes. Primary concern is the unauthorized use of a brand name, logo, or slogan within content, causing consumer confusion regarding the influencer's relationship with the owner of the trademark or suggesting endorsement without it. In addition, the promotion of counterfeits, either intentional or unintentional, may infringe on registered trademarks and damage their reputation. Influencers are also at risk of trademark disparagement concerns if they spread false and misleading information regarding a brand, damaging its reputation. The informal and personal nature of social media interactions may make it confusing to tell apart fair use and infringement, and thus, it becomes harder to create cases of trademark abuse.

UNDERSTANDING THE IP LAWS IN INDIA:

The Trade Marks Act, 1999 safeguards both consumers and trademark owners against misleading actions and unfair competition. According to Section 29(1) of the Trade Marks Act, 1999, any unauthorized use in the course of trade of a mark that is deceptively similar or identical to a registered trademark, when used in a manner likely to be perceived as a trademark, constitutes infringement. Section 29(4) of the Trade Marks Act provides extra protection to trademarks that have built a reputation in India. Even if someone uses a similar mark on unrelated goods or services, it can still be considered infringement especially if the use unfairly benefits from the trademark’s distinctiveness or harms its reputation. Thus, any influencer or entity using a mark of a brand, even in a different class of goods or services, must take care not to ride on the brand's pre-existing goodwill. Collectively, these provisions assist in ensuring brand integrity and avoiding consumer confusion or trademark value dilution.

CASE STUDIES:

Indian Courts have consistently underscored the importance of understanding legal boundaries to avoid infringement and maintain brand integrity, highlighting the intersection of social media and trademark laws. In the case of Marico Ltd. v. Abhijeet Bhansali, the Bombay High Court adjudicated on the responsibility of social media influencers in product reviews. Marico Limited sued influencer Abhijeet Bhansali for a YouTube video purportedly defaming their product, Parachute Coconut Oil. Justice S.J. Kathawalla observed that social media influencers wield a significant amount of influence on public opinion and therefore have a greater responsibility to ensure the accuracy of their remarks. The court observed that the video by Bhansali employed questionable methods of testing and promoted competing products, suggesting there was a commercial interest in posting such content. The court, in the circumstances, granted an interim injunction, ordering the video to be removed to prevent further harm to Marico's reputation. This case emphasizes the legal obligation of influencers to provide truthful and substantiated content, especially when their remarks can influence a brand's reputation.

Similarly, in the case Dabur India Ltd. v. Dhruv Rathee, the Calcutta High Court heard a case of trademark and product disparagement where social media influencer Dhruv Rathee's YouTube video was said to unfairly target Dabur's Real Fruit Power product. Dabur alleged the video contained false and defamatory statements such as packaged juices cause diabetes and baldness, specifically naming and featuring Dabur's trademarks, logos, and trade dress and therefore damaging its reputation and goodwill. The Court, observing a strong prima facie case, initially directed Rathee to remove all mentions of Dabur's trademarks, logos, and trade dress before re-uploading the video. When he failed to comply, the Court on 24 March 2023 directed the video to be taken down from all platforms. At a follow-up hearing, the Court permitted Rathee to blur Dabur's Real juice packaging in the video and directed the parties to try and resolve the dispute amicably. The case serves to highlight the need for influencers to be careful and judicious while making trademarked product claims in their videos.

PREVENTIVE MEASURES TO BE FOLLOWED:

Influencers can prevent trademark infringement by following some key strategies. Firstly, they should obtain express consent from brand owners before using any logos, names, or slogans within their content to ensure there is no unauthorized representation. It is also crucial to have clear guidelines and contracts that set out the scope of trademark usage, format of content, time duration, platforms covered, and quality standards, and indemnity clauses to deal with any conflicts. Transparency is key, and therefore influencers need to clearly mark sponsored or paid content using hashtags such as "#ad," "Sponsored," or "Paid partnership" in order to be in line with e-commerce laws and avoid confusion regarding endorsements. They need to avoid copying existing trademarks by using unique usernames, logos, hashtags, and visual identities that are not like the existing brands so as to avoid the risk of confusing the consumers. They need to monitor and check branded content regularly to ensure compliance, utilizing the platform tools for IP violations reporting or sending communications if need arises. Furthermore, brands ought to practice educative collaboration by giving influencers trademark use guidance and arranging training so that creators learn and respect intellectual property limits. When combined, these methods enable influencers to earn trust, maintain legal compliance, and ensure a responsible digital marketing ecosystem.

CONCLUSION

Influencer marketing increasingly defines the future of digital advertising in India. Influencers and brands both must navigate the legal landscape with care and attention. The growing convergence of trademark law and social media usage requires a more responsible, informed approach to content generation. Errors can lead to not only legal repercussions but also reputational damage for both influencers and the brands they endorse. By understanding the scope of the Trade Marks Act, 1999, following fair practices, and generating open brand partnerships, social media influencers can be beneficial to the online market while protecting consumers' interests. Eventually, finding the proper balance between creativity and legal compliance will be critical in maintaining trust, legal integrity, and success over the long term in India's fast-changing influencer economy.

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Author:
* Ms. Maushmmi M
3rd Year, B.A. LL.B. (Hons.) Student, Alliance University, Bengaluru

Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights (ACIPR) and the Centre does not assume any responsibility or liability for the same.