Delhi HC Passes Omnibus Order Banning Infringement of Amitabh Bachchan’s Personality Rights

It has been argued that Bachchann has built a brand of himself over many years, with the public associating ‘trust’ and ‘quality’ with him and every brand he endorses.

However, the court was told that the defendants are operating websites and mobile applications by misappropriating Bachchan’s photographs and/or other features in order to gain popularity with the public and attract members of the public to download such applications. mobile.

The lawsuit also stated that defendant number two (Rana Pratap) was caught circulating messages on WhatsApp with illegally placed messages and photos of the Bollywood actor, as well as infringing text about KBC Lotteries.

The guilty plea also cited the case of a Gwalior-based poster seller who was caught selling posters on walls featuring Bachchan’s photographs and likenesses.

Bachchan sought an omnibus injunction in the form of a John Doe injunction against those who violate or infringe on his image rights.

It also requested an injunction prohibiting four of the defendants from transferring, disposing of, or creating third-party rights to the amitabhbachchan.com and amitabhbachchan.in domain names.

A directive is also requested for the Department of Telecommunications and the Union Ministry of Electronics and Information Technology, which requires Internet service providers to remove a list of links and websites that infringe rights of personality and publicity. from Bachchan.

Finally, the veteran actor requested that a court order be issued ordering telecommunications service providers to block access to all phone numbers used by the defendants to circulate messages on messaging applications such as WhatsApp, which constitutes an infringement of intellectual property rights.

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The Delhi High Court issued an interim order on Friday barring the general public from violating veteran Bollywood actor Amitabh Bachchan’s personality and publicity rights.

Judge Navin Chawla stated that it is hard to deny that the plaintiff is a well-known personality who appears in numerous advertisements. The plaintiff is upset that the defendants are exploiting his celebrity to promote their own products and services without his permission or authorization.

After reviewing the claim, the Tribunal concluded that a prima facie case has been established and that the balance of expediency is also in favor of the claimant.

The judge also stated that if the order is not granted, Mr. Bachchan will suffer irreparable loss and damage, and that some of his activities may even bring him into disrepute.

Bachchan applied to the High Court for a general order to protect his name, image, voice or any of his characteristics that were used without his consent.

According to the lawsuit, mobile app developers were using Bachchan’s name, likeness and voice to run lotteries by illegally partnering with Kaun Banega Crorepati (KBC), a show hosted by the veteran actor.

It has also requested injunctions against book publishers, T-shirt sellers and other businesses.

Bachchan has stated that only he has control over the commercial exploitation of his personality, name, voice, image, likeness and other characteristics that are uniquely identifiable and associated with him, and that no one else can do so without his consent or express authorization. .

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It has been argued that Bachchann has built a brand of himself over many years, with the public associating ‘trust’ and ‘quality’ with him and every brand he endorses.

However, the court was told that the defendants are operating websites and mobile applications by misappropriating Bachchan’s photographs and/or other features in order to gain popularity with the public and attract members of the public to download such applications. mobile.

The lawsuit also stated that defendant number two (Rana Pratap) was caught circulating messages on WhatsApp with illegally placed messages and photos of the Bollywood actor, as well as infringing text about KBC Lotteries.

The guilty plea also cited the case of a Gwalior-based poster seller who was caught selling posters on walls featuring Bachchan’s photographs and likenesses.

Bachchan sought an omnibus injunction in the form of a John Doe injunction against those who violate or infringe on his image rights.

It also requested an injunction prohibiting four of the defendants from transferring, disposing of, or creating third-party rights to the amitabhbachchan.com and amitabhbachchan.in domain names.

A directive is also requested for the Department of Telecommunications and the Union Ministry of Electronics and Information Technology, which requires Internet service providers to remove a list of links and websites that infringe rights of personality and publicity. from Bachchan.

Finally, the veteran actor requested that a court order be issued ordering telecommunications service providers to block access to all phone numbers used by the defendants to circulate messages on messaging applications such as WhatsApp, which constitutes an infringement of intellectual property rights.

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