menu

It’s all in the Name – Recognition of Personality Rights in India

December 1, 2022

  • The Delhi High Court recently passed an omnibus order restraining the world at large from using the name, image, voice, likeness, and goodwill of Mr. Amitabh Bachchan.
  • The Plaintiff in Amitabh Bachchan v. Rajat Negi & Ors. alleged violation of his publicity rights as a celebrity. Mr. Bachchan approached the Court to restrain various persons who were using his characteristics and personality for commercial exploitation including hosting illegal lotteries, selling shirts with his pictures, books, operating websites in his names, selling wall posters bearing his name, photographs and likeness without his approval and knowledge.
  • The Hon’ble Court in this matter observed that there was no doubt regarding the Plaintiff’s celebrity status, and the plaint also satisfied the three essentials for grant of injunction, i.e. prima facie case, irreparable harm, and balance of convenience in favour of the Plaintiff. Hence the Court passed an order in favour of the Plaintiff injuncting the Defendants from using the name, likeness, voice, and other aspects of the Plaintiff’s persona.
  • In Shivaji Rao Gaikwad v. Varsha Productions, the Madras High Court in 2015 restrained the Defendants from using the name of the plaintiff in their movie “Mai hoon Rajnikanth” without his prior permission.
  • The aforementioned cases thus form benchmarks for recognition of personality and celebrity rights in the Indian Courts, which are not expressly recognized by any statutory provision but derive their existence from Right to Privacy under Article 21 of the Constitution.

Disclaimer & Confirmation

The rules of the Bar Council of India do not permit advocates to solicit work and advertise. By clicking on the "I agree" below and by visiting this site, you acknowledge that you are doing so voluntarily and of your own free will and further acknowledge that:

  • there has been no personal communication, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
  • the user wishes to gain more information about us for his/her own information and use;
  • the information provided under this website is solely available at his/her request for informational purposes only, should not be interpreted as soliciting or advertisement and should not be regarded or relied upon as legal advice;
  • the information about us is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user's volition and any transmission, receipt or use of this site would not create any lawyer-client relationship;
  • the contents of this website are the intellectual property of Clove Legal.

We are not liable for any consequence of any action taken by the user relying on information provided under this website. In cases where the user has any legal issues, he/she must seek independent legal advice.

By accessing the website, you agree to abide by and accept our Terms of Use and Privacy Policy.

I Accept