Elvis Presley Enterprises Inc. vs. Sid Shaw Elvisly Yours

Almost across all countries, aspiring monopolists have tried to adopt names and pictorial representations of well known persons including celebrities, politicians, social activists, famous sportsmen, etc. and seek registration of the same as a Trademark and Copyright for themselves. While, many a times, the actual person themselves – such as the celebrity or social worker himself – try to obtain a trademark and/or copyright, there have been other moments when people unconnected with such celebrities have tried to adopt, use and apply for registration of such names and pictorial descriptions as trade marks and copyrights. However, while certain countries have specific laws to deal with these acts as well as leading case laws which have dealt with such scenarios, what is the legal position in India? Do the legislations in India have any provision to deal with such scenarios and/or have there been case laws setting out rules and regulations and conditions for a person to adopt and/or use and/or apply for registration of a name or a pictorial representation as a trademark or a copyright? Write about your views, research and knowledge of legal facts in this regard here. (Refer to the Elvis Presley Trade Mark case judgment passed by the Supreme Court of Judicature of U.K. in the case laws section under the case laws for trademark