Amitabh Bachchan Wins Personality Rights Case in Delhi High Court

Bollywood megastar Amitabh Bachchan has secured a legal victory in his personality rights case, with the Delhi High Court passing a decree restraining several defendants from commercially exploiting his name, photograph, voice, likeness, and other elements of his identity without authorization. Justice Purushaindra Kumar Kaurav passed the order on November 5 in a suit filed by Bachchan over the alleged misuse of his publicity rights, passing off, and seeking damages.

According to Live Law, the decree covers eight defendants, including four who settled the dispute with the actor and four who did not contest the proceedings. It also extends to unidentified individuals or entities, referred to as John Does. Bachchan’s lawsuit highlighted instances of alleged misuse, such as a mobile application called Amitabh Bachchan Video Call, fake Kaun Banega Crorepati lottery messages circulated on WhatsApp, a general knowledge quiz book featuring his photograph, and posters and T-shirts carrying his images. The actor had also taken legal action against domain name registrants of websites using his name.

During the proceedings, defendants 1, 3, 5, and 8 entered into a settlement with Bachchan. They acknowledged his publicity rights and right to privacy and agreed not to use his name, image, voice, likeness, or any other aspect of his persona without his express permission. The court accepted this settlement, holding it voluntary and lawful, making it suitable for incorporation into a decree under Order XXIII Rule 3 of the Code of Civil Procedure (CPC). The court stated, "The settlement has been agreed upon without fear or coercion, and the parties appear to have entered into it on their own volition."

The court also passed a decree against defendants 2, 4, 6, and 9 under Order VIII Rule 10 of the CPC, as these defendants failed to appear or submit written statements despite receiving summons. Justice Kaurav clarified that while the provision should not be applied mechanically, the court found no disputed questions of fact that necessitated a trial. It noted that unauthorized commercial use of Bachchan’s name and photographs could mislead the public into believing he endorsed the products or services. The protection was extended to John Does, recognizing a continuing pattern of anonymous exploitation through websites, mobile applications, posters, and messaging platforms. The actor's right to initiate fresh legal proceedings for future causes of action was also preserved.

What to watch: The ongoing enforcement of personality rights in the digital age.

Editor's note: The draft provides a comprehensive and accurate summary of the court order, properly attributing the legal details and the specific defendants involved.