Justice Navin Chawla of the Delhi High Court on Friday issued an order restraining the use of Amitabh Bachchan’s name, image, voice or any of his attributes without his consent.
This order is a landmark judgement, first of its kind in India, which is not only against Rajat Nagi, Rana Pratap Singh and other defendants. But also the world at large for misusing the name, image, voice and personality characteristics of Mr. Bachchan. This is a ‘John Doe’ order, against the world at large and has such a wide scope that it would be impossible for Mr. Bachchan to keep track of repeated violations.
Misuse of his name, image and voice especially by mobile application developers, and illegal association with KBC, book publishers, t-shirt sellers and various other businesses who organize lotteries prompted Shri Amitabh Bachchan to Is. The High Court is seeking a restraining order against the use of his personality traits.
Eminent advocate Harish Salve, along with Amit Naik and Pravin Anand, appeared in the High Court for Shri Amitabh Bachchan, directed by Anand and Naik.
Amit Naik, Joint Managing Partner of Anand & Naik “This landmark judgment shall prohibit any person from using the name, image, voice and other personality characteristics of Shri Amitabh Bachchan in any manner, physical or digital, without his consent and authorisation. Indian jurisprudence will eventually grow and develop on personality rights and Shri Amitabh Bachchan is the right personality to set this trend.
He further added, “We are glad that the Delhi High Court has come up with this landmark judgment and are grateful to Mr. Salve and Mr. Praveen Anand for this trend-setting order that will help the talents in our country to protect their individuality rights. Will do”.
The judgment also paves the way for the development of legislation on personality rights in the country, which protects an individual’s personality and right of publicity, rights under copyright and common law rights.
It was also brought to the notice of the Delhi High Court that the infringers have illegally registered the name of Shri Amitabh Bachchan as a web-domain name such as www.amitabhbachchan.com And www.amitabhbachchan.in,
The HC has passed a detailed order against the defendants and Worldwide, restraining them from infringing on his personality rights and attributes, including his name ‘Amitabh Bachchan/Bachchan/AB/Big-B’, image and voice Is. The High Court has also directed the DoT and the Ministry of Electronics and IT to remove all infringing links/websites featuring Mr Bachchan.
In addition, the court restrained the registrants of the domain name –www.amitabhbachchan.com And www.amitabhbachchan.in – from creating third-party rights on it. The court has also directed the telecom service providers to block access to all phone numbers used by the defendants to transmit the infringing messages.