Court grants ad-interim relief to Shatrughan Sinha, restraining unauthorized use and exploitation of his personality traits.
In a significant ruling, the Bombay High Court has granted ad-interim relief to veteran actor Shatrughan Prasad Sinha, protecting his personality rights against unauthorized use and commercial exploitation. The court's decision, delivered by Justice Sharmila U. Deshmukh, marks a pivotal moment in the enforcement of personality rights in India, particularly in the context of digital and AI-generated content.
Sinha, a renowned actor and public figure, approached the court seeking an injunction against John Doe and others for the unauthorized infringement of his personality rights. The lawsuit named several defendants, including social media platforms, e-commerce sites, and content-sharing websites, accused of exploiting Sinha's name, image, and distinctive traits like his iconic catchphrase "Khamosh."
The court recognized the plaintiff's personality attributes, such as his name, likeness, voice, and signature catchphrase, as protectable under personality rights and the right to publicity. Justice Deshmukh emphasized that the unauthorized use of such attributes, including the creation of fake profiles and AI-generated content, constituted a violation of Sinha's statutory and common law rights.
The court's order highlighted the growing concern over digital platforms' role in the unauthorized exploitation of personality rights for commercial gain. It underscored that such actions not only infringe on individual rights but also tarnish the reputation of well-known personalities.
The judgment further aligned with precedents, including the Delhi High Court's ruling in Arun Jaitley v. Network Solutions Private Limited, reinforcing the protection of personal names and distinctive traits under the Trade Marks Act, 1999, and the Copyright Act, 1957.
In granting relief, the court issued a temporary injunction restraining the defendants from using or exploiting Sinha's personality traits for commercial or personal gain without his consent. It also ordered the disclosure of particulars of those responsible for the infringing content, ensuring accountability across digital platforms.
This decision is expected to have far-reaching implications for the protection of personality rights in India, particularly for public figures whose identities are often targeted for unauthorized commercial use.
Bottom Line:
Personality Rights - Protection against unauthorized infringement and commercial exploitation of personality rights, including name, screen name, likeness, voice, and other identifiable attributes, upheld by the court.
Statutory provision(s): Trade Marks Act, 1999 Section 27(2), Copyright Act, 1957 Section 38B
Shatrughan Prasad Sinha v. John Doe, (Bombay) : Law Finder Doc id # 2857566
