Protection of Personality Right
In the digital age, the intersection of personality rights, publicity rights, and trademark infringement has become increasingly complex. This case involves Mr. Jaikishan Kakubhai Shroff, popularly known as Jackie Shroff, who is suing multiple defendants for the unauthorized use of his name, image, and likeness on the internet. Mr. Shroff asserts his personality rights, publicity rights, and claims trademark infringement against the defendants.
Personality and Publicity Rights:
Personality rights protect an individual's persona from unauthorized commercial exploitation. Publicity rights are a subset, focusing on the commercial use of one's identity. Mr. Shroff asserts these rights against the defendants, emphasizing that unauthorized use of his name, image, and likeness dilutes his brand equity and infringes on his rights.
Trademark Infringement:
Mr. Shroff owns registered trademarks for 'BHIDU' under numbers 3227968 in Class 25 and 3227969 in Class 41. He also holds the mark "Bhidu ka khopcha" under number 4362494 in Class 41. These trademarks are integral to his brand identity. Unauthorized use of these trademarks by the defendants for merchandise, videos, AI chatbots, and wallpapers constitutes trademark infringement.
Personality Rights in Jurisprudence:
The case draws on precedents such as Zacchini v. Scripps-Howard Broadcasting Co, which recognized the right of individuals to control the commercial use of their persona. Indian courts have similarly upheld these rights, recognizing the commercial value of celebrity personas.
Balance with Artistic Expression:
The court balanced Mr. Shroff’s rights with the defendants' rights to artistic expression. The case explores this balance, considering the economic interests of content creators while protecting Mr. Shroff's rights.
Grant of Injunction:
The court granted injunctions against specific defendants based on a prima facie case established by Mr. Shroff. This decision prevents further unauthorized use of his persona, protecting his rights until a final judgment is reached.
Conclusion:
This is a seminal case that addresses the protection of celebrity rights in the digital era. It underscores the importance of personality and publicity rights, emphasizing the need for legal frameworks that balance these rights with artistic expression. As the digital landscape evolves, such cases will play a crucial role in shaping the legal standards for protecting celebrity personas.
Author’s Note:
This case is a pivotal moment in the legal landscape of personality and publicity rights. It serves as a reminder of the evolving nature of intellectual property rights in the digital age. Legal practitioners must navigate these complexities, ensuring that celebrities' rights are protected while fostering an environment that encourages creative expression. The decision in this case will likely influence future litigation involving personality rights and trademark infringement, setting important precedents for the protection of celebrity personas in the digital world.
Case Citation: Jaikishan Kakubjai alis Jackie Shroff Vs The Peppy Store:15.05.2024: CS(COMM) 389/2024 :2024:DHC:4046:Sanjeev Narula, H.J.
Disclaimer:
The information shared here is intended to serve the public interest by offering insights and perspectives. However, readers are advised to exercise their own discretion when interpreting and applying this information. The content herein is subjective and may contain errors in perception, interpretation, and presentation.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
Email: ajayamitabhsuman@gmail.com
Mob No.:+91-9990389539
