Jackie Shroff's Name, Voice Can't Be Used Without His Permission: High Court

The Delhi High Court recently passed an ad-interim injunction in favour of Bollywood actor Jackie Shroff, restraining various entities from infringing his personality/publicity rights.

A bench of Justice Sanjeev Narula was hearing a lawsuit filed by Jackie Shroff seeking protection of his name, image, likeness, persona, voice, and various other distinctive attributes of his personality against their misuse on the internet.

Despite being the registered proprietor of his trademark lines 'Bhidu' and 'Bhidu Ka Khopcha', the suit said that many companies were selling wall art, merchandise, T-shirts, and posters, etc., featuring Jackie Shroff's images.

Jackie Shroff's lawyer argued that elements of a celebrity's personality, such as name, image, likeness, voice, and other attributes, are protectable under the law.

In its order, the Delhi High Court said that the alleged activities of some of the defendants have, on a prima facie basis, resulted in commercial benefits through the unauthorised exploitation of the plaintiff's (Jackie Shroff's) personality.

"Such defendants have utilised the plaintiff's name, image, voice, and other unique characteristics without permission, thereby infringing on his personality and publicity rights," it said.

The high court added that selling autographed pictures of the plaintiff prima facie infringes upon his personality right and the defendant e-commerce website be restrained from the sale of such merchandise.

The court also said that selling wallpapers is prima facie violative of the plaintiff's personality rights.

Granting a week for compliance, the court posted the matter for next hearing on October 14.

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