Amitabh Bachchan Wins Final Delhi HC Order Protecting Name, Image And Personality Rights
The Delhi High Court has passed a final order in favour of Amitabh Bachchan, protecting his personality rights and restricting the unauthorised commercial use of his identity. The ruling prevents several entities and unidentified individuals from using the actor's name, photographs, voice, or likeness for commercial purposes without his consent. Justice Purushaindra Kumar Kaurav decreed the suit after examining allegations of misuse involving fake promotional messages, mobile applications, posters, merchandise and websites. The proceedings began in 2022, when the court first granted Bachchan interim protection. The final decree now extends that protection to unidentified persons involved in similar misuse.
Delhi High Court Protects Amitabh Bachchan's Personality Rights
Justice Purushaindra Kumar Kaurav passed the final decree in Bachchan's suit, which concerned the alleged unauthorised commercial exploitation of his identity. The court observed that an individual has the right to control how their identity is used commercially, recognising this as the “right to publicity”.
According to the court, Bachchan's name and photographs had been used to generate commercial benefits without his approval, creating a false impression that he endorsed the products or services. It found that the requirements for protecting publicity rights, including the celebrity's identifiable identity and the enforceable right over its commercial use, were established in this case.
The proceedings began after Bachchan approached the court over several instances of alleged misuse. These included a mobile application called 'Amitabh Bachchan Video Call', messages advertising a purported 'Kaun Banega Crorepati' lottery, a general knowledge quiz book featuring his photograph, T-shirts, posters and domain names using his identity.
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Amitabh Bachchan's Protection Extends To Unidentified Defendants
An important aspect of the final order is that it also covers unidentified individuals, commonly referred to as John Does. The court acknowledged that Bachchan's identity had been repeatedly misused through anonymous websites, applications, posters and messaging platforms, making it difficult to trace every person responsible.
The court held that protection could not be limited to defendants whose identities were already known. Bachchan has also been given the liberty to initiate fresh legal proceedings if further unauthorised use of his persona gives rise to a new cause of action.
Four defendants, Rajat Nagi, Manoj Publications, Tamatina and Mahesh Patel, reached settlements with the actor and acknowledged his publicity and privacy rights. As part of the agreements, one defendant agreed to remove the 'Amitabh Bachchan Video Call' application, while another discontinued a quiz book carrying his photograph. Another stopped selling posters featuring his identity, and the registrant of the domain name amitabhbachchan. in confirmed that it had been deleted.
The defendants also undertook not to use Bachchan's name, image, voice, likeness or any other aspect of his persona without his express permission. The court accepted these settlements as lawful and voluntary and passed the decree against them in accordance with the compromise.
Delhi HC Passes Final Decree Against Remaining Defendants
The remaining defendants did not appear before the court or submit written statements despite being served with notices. Their right to file written statements had also been closed. The court clarified that a judgment under Order VIII Rule 10 of the Civil Procedure Code should not be issued automatically simply because a defendant fails to present a defence. However, it found that the matter did not involve any disputed facts that required a trial.
It further observed that asking Bachchan to present ex parte evidence would only repeat the allegations already included in his plaint. The court, therefore, considered the matter suitable for a summary judgment and decreed the suit against the remaining defendants.
The final order also means that the interim protection granted in November 2022 now stands merged with the decree. The ruling gives Bachchan a broader legal safeguard against the commercial exploitation of his identity, including misuse by individuals who remain unidentified.
This content is published by ABP Live - Entertainment and has not been created or edited by Hello Headlines. View original
