Bollywood legend and veteran actor Amitabh Bachchan has filed a lawsuit in the Delhi High Court seeking protection for his rights to personality, image, voice or any of his features without his consent, to whereupon the court issued an ex parte interim injunction in his favour.
Prominent barrister Harish Salve along with Ameet Naik and Pravin Anand, commissioned by Anand and Naik, appeared for Bachchan in the High Court. The case was heard before Judge Navin Chawla.
Salve argued that there is complete misuse of Amitabh Bachchan’s name, image, voice or any of its characteristics without his consent.
“The misuse of his name, image and voice, in particular by mobile application developers and people running lotteries by illegally associating with KBC, book publishers, sellers of t- shirts and various other businesses, prompted Mr Amitabh Bachchan to petition the High Court, seeking a restraining order against the use of his personality traits,” Salve said.
Amitabh Bachchan’s lawyer has also brought to the attention of the Delhi High Court that alleged infringers have illegally registered Bachchan’s name as web domain names such as www.amitabhbachchan.com and www.amitabhbachchan. in.
Delhi High Court Judge Navin Chawla noted that plaintiff/Amitabh Bachchan alleges violation of his celebrity image rights.
The court further noted that it could not seriously be disputed that the plaintiff is a well-known personality and that he is prejudiced by the use of his name, image, voice, etc. without his consent.
“I am of the view that the plaintiff has been able to establish a prima facie case in his favour. The defendants appear to be using celebrity status without his authorization, permission and consent,” the HC judge said.
Judge Navin Chawla, in his Interim Order, issued an ex parte interim injunction in favor of Plaintiff/Amitabh Bachchan and against Defendants.
The plea stated that there is an invasion of the plaintiff’s character through various means such as digital means, instant messaging applications, physical means, etc.
The digital means include several websites and mobile applications that have hijacked the photographs and/or other characteristics of the applicant, in order to create popularity with the public and entice members of the public to download these mobile applications.
The instant messaging apps include several unscrupulous parties that have been found using the photograph of Bachchan with his name, and the depiction of a TV show Kaun Banega Crorepati (who is associated with Bachchan), to scam the public into making him believe that Kaun Banega Crorepati is offering lottery prizes to members of the public.
Physical means include instances where dishonest traders physically affix the actor’s images and posters to their places of business, on billboards, or even on products they engage in manufacturing and marketing. sale, for the purpose of illegally showing a link/affiliation/sponsorship/association with the applicant, in order to increase their illegal profits.
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