Amitabh Bachchan Wins Big: Delhi HC Protects Actor's Personality Rights
Delhi High Court protects Amitabh Bachchan's personality rights, banning unauthorised use of his name, voice, and image for commercial gain.
In a landmark victory for celebrity privacy and intellectual property, the Delhi High Court has passed a final decree in favour of legendary actor Amitabh Bachchan. The court has strictly restrained various entities and unidentified individuals from using the actor's name, image, voice, or likeness for any commercial purposes without his explicit permission, effectively securing his Amitabh Bachchan personality rights.
The Battle Against Commercial Misuse
The legal battle, which began when the court first granted an ex-parte ad-interim injunction in November 2022, centered on the unauthorised exploitation of the actor's identity. Justice Purushaindra Kumar Kaurav ruled that the ability to control the commercial application of one's human identity falls under the "right to publicity."
The court found that Bachchan's identity had been weaponised for commercial gain in a way that falsely implied he endorsed various products and services. The scope of the misuse was extensive, spanning multiple platforms and merchandise, including:
- A mobile application titled "Amitabh Bachchan Video Call."
- Fraudulent messages promoting a fake "Kaun Banega Crorepati" lottery.
- General knowledge quiz books featuring his photograph.
- T-shirts and posters using his likeness.
- Domain names that incorporated his identity.
Protection Against "John Does"
One of the most significant aspects of the ruling is that the decree operates not only against named defendants but also against "John Does"—unidentified persons. The High Court acknowledged a persistent pattern of anonymous misuse via messaging platforms, websites, and applications.
Recognizing that anonymous infringers are often impossible to track, the court extended the protection of the decree to cover these unknown parties. Furthermore, the actor has been granted the liberty to initiate new legal proceedings should any fresh instances of unauthorised misuse arise in the future.
Settlements and Summary Judgments
The case saw a mix of settlements and defaults. Four of the defendants—Rajat Nagi, Manoj Publications, Tamatina, and Mahesh Patel—reached a settlement with the actor, acknowledging his privacy and publicity rights. As part of this agreement:
- The "Amitabh Bachchan Video Call" app was deleted.
- The publication of the general knowledge quiz book was halted.
- The sale of posters featuring his likeness was stopped.
- The domain name amitabhbachchan.in was deleted.
These defendants have formally undertaken never to use any aspect of Bachchan's persona in the future without his express consent.
Ruling on Remaining Defendants
For the defendants who failed to appear or file written statements despite being served, the court opted for a summary judgment. Justice Kaurav noted that since there were no disputed questions of fact requiring a full trial, requiring the actor to provide ex-parte evidence would be a redundant repetition of the claims already made in the plaint.
Consequently, the court decreed the suit against the remaining defendants, merging the initial 2022 injunction into this final, binding decree.