THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING
AUTHOR – OJASVI DHAKAR* & DR. KHALEEQ AHMAD**
* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY
** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY
BEST CITATION – OJASVI DHAKAR & DR. KHALEEQ AHMAD A, THE COMMERCIAL EXPLOITATION OF THE PERSONALITY OF ATHLETES IN SPORTS MARKETING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 916-925, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I8100
Abstract
The commercial exploitation of the personality of athletes has emerged as a significant aspect of modern sports marketing. In the contemporary global economy, athletes are no longer viewed merely as participants in sporting events; rather, they have evolved into influential public figures whose names, images, voices, signatures, gestures, and overall identities possess substantial commercial value.[1] Businesses and multinational corporations increasingly rely on athletes to endorse products, promote brands, attract consumer attention, and enhance market credibility. Through advertising campaigns, sponsorship agreements, merchandising, social media promotions, and digital content, the personality of athletes has become a powerful economic asset.[2] However, the increasing commercialization of athlete identity has also generated serious legal and ethical concerns. Unauthorized use of an athlete’s likeness, false endorsements, digital manipulation, ambush marketing, and misuse of personality through artificial intelligence or deepfake technologies[3] raise complex questions relating to privacy, dignity, intellectual property, and economic rights. While several jurisdictions such as the United States recognize the “right of publicity” as an independent legal right,[4] many countries, including India, continue to rely on fragmented protections under constitutional law, trademark law, copyright law, and common law remedies such as passing off.[5]
This article critically examines the concept of personality rights of athletes within the framework of sports marketing. It explores the legal nature of commercial identity, the methods through which athlete personalities are monetized, and the challenges posed by unauthorized commercial exploitation.
Keywords: Commercial Exploitation, Sports Marketing, Athlete under Law.
[1]Mark P. McKenna, “The Right of Publicity and Autonomous Self-Definition,” 67 U. Pitt. L. Rev. 225 (2006).
[2] Jennifer E. Rothman, The Right of Publicity (Harvard Univ. Press, 2018).
[3]Michael Madow, “Private Ownership of Public Image,” 81 Calif. L. Rev. 127 (1993).
[4]Haelan Labs., Inc. v. Topps Chewing Gum, Inc., 202 F.2d 866 (2d Cir. 1953).
[5] Nandita Rao, “Personality Rights in India,” 14 Indian J.L. & Tech. 77 (2022).