The plaintiff, Sonu Nigam, a well-known and acclaimed singer with a successful career spanning over three decades, approached the court seeking protection against unauthorized use of his name and persona by the defendants. He submitted that the defendant no.1, whose legal name is Sonu Nigam Singh, was misusing the name "Sonu Nigam" professionally for performance and promotional purposes. The plaintiff emphasized that his name has acquired distinctiveness and is synonymous with his identity and goodwill, thus qualifying for protection under the principles of personality rights and passing off.
The plaintiff stated that despite his legal name, defendant no.1’s adoption and commercial use of the name “Sonu Nigam” was deceptive, amounting to a misrepresentation that misled the public into believing an association with the plaintiff. It was also alleged that the defendants were profiting from the plaintiff’s long-established goodwill. The plaintiff had issued a cease-and-desist notice , but the defendants failed to comply. As a result, the plaintiff initiated a suit seeking a permanent injunction and related reliefs for violation of personality rights, passing off, and misappropriation of identity.
It noted that the defendant no.1, despite bearing the legal name “Sonu Nigam Singh”, was intentionally using only the name “Sonu Nigam” for promotional and professional activities to benefit from the plaintiff’s fame. The court emphasized that every individual has an exclusive right to their personality, including control over the commercial use of their name, likeness, and reputation. The court was of the view that a mere legal coincidence of names does not justify misleading the public, especially in a professional context where confusion is likely.
The court held that the plaintiff had made out a strong prima facie case and that irreparable harm would be caused if the defendants were not restrained. It confirmed the interim injunction previously granted and directed the defendants to refrain from using the name “Sonu Nigam” or any variant thereof in a manner that creates confusion or suggests association with the plaintiff. The matter was posted for further proceedings.
