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    Delhi HC Restrains ‘Baap ki Adalat’, Protects Rajat Sharma’s Trademark ‘Aap Ki Adalat’ and Personality Rights

    The Delhi High Court has issued an order restraining the creator of ‘Baap ki Adalat’ and other platforms from using a logo similar to that of journalist Rajat Sharma’s IndiaTV show ‘Aap Ki Adalat’ to protect Sharma’s personality rights, Bar & Bench reported.

    To simplify Sharma filed a complaint against Ravindra Kumar Choudhary, a self-proclaimed political satirist on social media, seeking a permanent injunction against the logos or trademarks of ‘Jhandiya TV’ and ‘Baap ki Adalat’. Sharma alleged that the logo and the name infringed upon his registered trademarks of ‘India TV’ and ‘Aap ki Adalat’, violating his personality rights.

    What did the Court say?

    According to the order made available by Bar & Bench, Justice Anish Dayal stated that Choudhary and other platforms made party to the case “are restrained from using/dealing in any manner with the photograph, video and name of plaintiff no.2 [Rajat Sharma], either as trademark/trade mark/logo/trading style, domain name, social media posts, audio video content, or concerning any services to result in violation of personality rights of plaintiff no.2.”

    The Court directed the platforms to remove social media posts and links containing the infringing trademark or logo and instructed Sharma to issue a notice to Choudhary and the platforms. The matter will be heard next on October 18, 2024.

    A series of orders protecting celebrity personality rights:

    Jackie Shroff: On May 15, the Delhi HC issued an order acknowledging the personality rights of actor Jackie Shroff, thereby granting him legal protection against non-permitted usage of his name, image, voice, likeness, and other unique aspects of his identity.

    While some defendants have indicated they will contest the allegations, the Court has restrained several others from infringing upon the actor’s personality rights. These entities include pornographic sites, social media profiles, e-commerce sites, and an AI platform that deploys a chatbot using Shroff’s personality attributes without authorization.

    Interestingly, in Shroff’s case, in one of the instances, the Court considered it essential to protect the “artistic and economic expression” of the creator over the actor’s personality rights. Read more about the order here.

    Anil Kapoor: In September 2023, through an interim order, the Delhi HC prohibited the unauthorized use of actor Anil Kapoor’s name, voice, image, and other personality traits for commercial gains by various entities, including e-commerce companies, social media platforms, and the public at large.

    Given the actor’s “personality rights”, Justice Pratibha M Singh also restrained artificial intelligence (AI) tools from manipulating his pictures and using them for creating digital content like GIFs illegally for monetary gains.

    The Court restricted the defendants from using the actor’s name, voice, image, etc for commercial gains and directed immediate suspension of the domain names involved. Read more about the order here.

    Amitabh Bachchan: In November 2022, the Delhi HC passed an order protecting actor Amitabh Bachchan’s personality rights against unauthorized use of his “name, image, voice or any of his characteristics”. Bachchan had sought a John Doe order against all parties, including book publishers, T-shirt vendors, and various other businesses that were using his face, and other personality elements for business without his consent.

    The Court directed the Department of Telecommunications (DoT) and the Ministry of Electronics and Information Technology (MeitY) to order internet service providers to pull down all links mentioned in the suit. It also ordered telecom service providers to block access to all phone numbers used by the defendants to circulate messages on messaging apps, like WhatsApp, the report added. Read about the order here.

    Note: The story was updated on June 11, 2024, at 1:47 PM to correct a typographical error.

    Also Read:

    The post Delhi HC Restrains ‘Baap ki Adalat’, Protects Rajat Sharma’s Trademark ‘Aap Ki Adalat’ and Personality Rights appeared first on MEDIANAMA.

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