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

• 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.