Court issues permanent injunction against defendants exploiting Kapoor's name, image, and persona for commercial gain; directs social media platforms to remove infringing content and grants plaintiff liberty to notify future violations
In a landmark judgment delivered on October 14, 2026, the Delhi High Court has decisively protected the personality rights of renowned actor Arjun Kapoor by restraining unauthorized commercial exploitation of his name, image, likeness, and other attributes of his persona. The Court's ruling explicitly extends to the use of modern technologies such as Artificial Intelligence (AI), Generative AI, Machine Learning, Deepfakes, Face Morphing, and Superimposing across all media platforms including websites, social media, and virtual environments like the Metaverse.
The suit was filed by Arjun Kapoor against the Artist Booking Company and several other defendants, who were allegedly using Kapoor's persona without his consent on merchandise such as T-shirts, sweatshirts, stickers, posters, mugs, and mousepads, as well as digital content including audio-visual material. These unauthorized uses were for commercial exploitation, infringing on Kapoor's personality and publicity rights.
The Court noted that none of the defendants filed any written statements or affidavits disputing the factual averments made in the plaint. Consequently, under Rule 3, Chapter VII of the Delhi High Court (Original Side) Rules, 2018, the plaintiff's averments and accompanying documents were treated as admitted. With no disputed facts, the Court held that a full-fledged trial was unnecessary.
Earlier, by an interim order dated April 29, 2026, the Court had restrained the defendants from utilizing Kapoor's persona in any form without authorization and directed intermediary platforms like YouTube, Facebook, and Instagram to disclose subscriber information related to infringing channels. The current judgment makes those interim injunctions absolute and directs platforms (including Meta Platforms Inc. and Google LLC) to take down infringing content. The plaintiff is also granted liberty to notify these platforms of any new infringing URLs or content discovered subsequently, with the assurance that the platforms must act promptly in accordance with their policies or face further court directions.
The Court's judgment further cited the precedent set in Rajat Sharma v. Tamara Doc, reinforcing the protection of artists' personality and copyright interests against unauthorized use.
This ruling marks a significant step in recognizing and enforcing personality rights in the digital age, especially concerning new-age technologies that facilitate unauthorized replication and commercial use of an individual's persona. It sends a strong message that the courts will not tolerate exploitation of celebrity identity without consent and will actively involve intermediaries in curbing such violations.
Bottom Line:
Personality rights/Publicity rights - Unauthorised commercial exploitation of actor's name, image, likeness and other attributes of persona through merchandise, online content and AI/deepfake technologies - In absence of denial by defendants, plaint averments and documents treated as admitted under Delhi High Court (Original Side) Rules, 2018 - Suit decreed and interim injunction made absolute - Intermediaries/social media platforms directed to take down infringing links and plaintiff permitted to notify subsequently discovered infringing URLs/content.
Statutory provision(s):
Delhi High Court (Original Side) Rules, 2018 - Chapter VII Rule 3; Personality Rights/Publicity Rights; Intellectual Property Rights (as recognized under Indian law and relevant precedents)
Arjun Kapoor v. Artist Booking Compny, (Delhi) : Law Finder Doc Id # 2999246
