Delhi HC Protects Anil Kapoor’s Personality Rights; Restrains Using Actor’s Name, Images, ‘Jhakaas’ Dialogue for Commercial Purposes
Anil Kapoor sought a permanent injunction restraining infringement of his Publicity Personality Rights against people at large and social media channels, websites, mobile apps for using his name, voice, signature, image, or any other attribute which is exclusively identifiable with him for any commercial and/or personal gain without his consent.
The Delhi High Court on Wednesday restrained various entities from using Actor Anil Kapoor's name, image, and voice for commercial purposes without his consent. HC said that using Actor's names, voices, and images in an illegal manner that too for commercial purposes cannot be permitted. The concerned websites and their links shall be taken down immediately by all ISPs. The Court also directed Domain Name Registrar (DNR) like Godaddy.com LLC, Dynadot LLC, and PDR Limited to immediately block and suspend domains like Anilkapoor.com and others. Anil Kapoor Gets Legal Win Against AI Misuse After Delhi HC Passes Omnibus Order Protecting His Personality and Publicity Rights.
The bench of Justice Prathiba M Singh while passing the order also said that the other unknown persons are also restrained from disseminating the videos. Department of telecom/Meity shall also issue blocking order and other links which may upload pornographic videos. The court passed interim injunction order in Kapoor’s suit seeking protection of his personality rights.
The actor sought a permanent injunction restraining infringement of his Publicity Personality Rights against people at large and social media channels, websites, mobile apps for using his name, voice, signature, image, or any other attribute which is exclusively identifiable with him for any commercial and/or personal gain without his consent. Kapoor also sought protection against the misuse of his personality rights through the use of any technology including artificial intelligence, deepfakes, GIFs etc.
Anil Kapoor On Getting Justice
Advocates Pravin Anand and Ameet Naik appearing for Anil Kapoor, during the hearing submitted that the case involves the use of generative Artificial intelligence and use of dark patterns and how 'Jhakaas' word dialogue in the style of the plaintiff is being used. Advocates Dhruv Anand, Vaishali Mittal, Madhu Gadodia, Udita Patro, Siddhant Chamola, Vibhav Mithal, Abha Shah, Sampurnaa Sanyal, Nimrat Singh, Sujoy Mukherjee, Tarini Kulkarni, Muskaan Verma from Anand and Naik, appeared for Anil Kapoor in the matter. Anil Kapoor Breaks Silence On Lawsuit To Protect His Personality and Publicity Rights, Actor Says ‘Worked Hard to Build It’.
According to the suit, the defendant's websites and entities have been found to be engaged in various infringing activities qua the plaintiff through various platforms/ mediums. Websites and mobile applications misappropriating elements of the Plaintiff’s persona to entice members of the public to use/download assets/applications featuring the aspects of the Plaintiff’s persona, through sale of merchandise by dishonest traders who affix the Plaintiff’s images, signature and other elements of his persona on products that they engage in manufacture and sale of and through unscrupulous use of technology, artificial intelligence and generative artificial intelligence by various people to create inter alia photos, audio-visuals, which feature the Plaintiff’s name and image superimposed on other people, GIFs, etc. and also Impersonation and cybersquatting.
The Plaintiff through suit submitted that it has already suffered and is likely to suffer incalculable loss to its goodwill, business and reputation on account of infringement of his publicity /personality rights by the defendants. Such acts also amount to an attempt at false endorsement and Passing Off.
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