Delhi High Court on Friday issued an interim ex parte injunction against individuals using Bollywood superstar Amitabh Bachchan's image in an unauthorized manner. The high court said it was undisputed that Bachchan is a well-known personality and was represented in various advertisements.
Bachchan is pained by those using his "celebrity status to promote their own goods and services without his permission or authorization…a prima facie case is made out and balance of convenience also lies in his favour," Justice Navin Chawla said.
Delhi High Court noted that Bachchan was likely to suffer irreparable loss and harm; some of the activities using his name could also bring disrepute if an injunction is not passed, the high court added.
The high court's decision came on Bachchan's suit against the world at large to protect his name, image, voice, and personality attributes from unauthorized commercial use. By this suit, the veteran Bollywood actor invoked his personality rights and sought commercial control over his identity.
Lucky draw, fake voice calls, T-shirts and posters: Illegal use of Amitabh Bachchan's image
Senior advocate Harish Salve said a lucky draw, fake voice calls, t-shirts, and posters drove Bollywood actor Amitabh Bachchan to protect his image.
Salve said in October Bachchan was made aware of an entity—the 'All-India Sim Card WhatsApp Lucky Draw'—which was using his image along with that of Prime Minister Narendra Modi and industrialist Mukesh Ambani. Those organizing the lucky draw had brazenly copied the logo of Kaun Banega Crorepati with Bachchan's photo all over and a description – How to become a lottery winner, Salve said.
"We even got complaints that the lottery itself appeared to be a scam…someone is collecting money, but no one is winning," Salve added. "I am just giving a flavour of what is going on," he said pointing out that someone was making t-shirts with Bachchan's face on them, while there were others who were printing posters.
Then there is the 'Amitabh Bachchan Video Call' where the Bollywood actor's photograph is being used. So when you call, the photograph pops up, there is a fake voice, someone who sounds like Amitabh Bachchan, Salve said.
"Someone has gone and registered a domain name, amitabhbachchan.com. This is why we have come...," Salve told the high court.
By this suit, Bachchan sought commercial control over the utilisation of his personality, name, voice, image, likeness, and other characteristics which are uniquely identifiable and associated with him. He further sought to restrain book publishers, printers, and other businesses from using his image without permission.
