Abhishek Bachchan Gets Temporary Relief From Delhi High Court In Personality Rights Case
“The plaintiff (Abhsihek Bachchan), being a celebrated personality in the Indian entertainment industry, has acquired significant goodwill and reputation for himself. Any infringement of the plaintiff's personality rights will lead to dilution of his reputation and goodwill that he has garnered over the years, while also causing confusion amongst members of the public regarding the authenticity, endorsement or sponsorship of a product or service by the plaintiff,” said a bench led by Justice Tejas Karia.
Also Read | Karisma Kapoor vs Priya Kapur: Inside the feud over Sunjay Kapur's estateThe court's order comes a day after Bachchan's wife Aishwarya Rai Bachchan got an injunction in a similar personality rights case.
In India, personality rights are not a single codified right but a collection of legal protections built through judicial interpretation of Constitutional principles such as the fundamental right to privacy (Article 21) and intellectual property laws, especially trademark law.
'Rogue websites'On Wednesday, 49-year old Bachchan approached the Delhi High Court seeking protection of his personality rights, saying rogue websites were using his name and image without authorisation. His petition named the Bollywood Tee Shop website, which makes t-shirts of Bollywood celebrities, and other alleged infringers, and argued that the unauthorised use of his persona was part of a wider trend online.
“If an injunction is not granted in the present case, it will lead to an irreparable loss/harm to the plaintiff and his family, not only financially but also with respect to his right to live with dignity,” Justice Karia said in his 16-page order that was made public on Friday.
Also Read | Aaradhya Bachchan case: How to curtail misleading online content about childrenThe court also restrained various unauthorised agents, affiliates, subsidiaries and distributors from violating Bachchan's personality rights, moral rights, and passing off their goods or services as emanating from or endorsed by him. It also restrained anyone from misusing his name, images, likeness, performances, or attributes of his persona without his legal consent.
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