High Court’s Interim Order on Unauthorized Use of Jackie Shroff’s Name and Image

Background:

The High Court of Delhi has issued an interim order restraining various entities from using actor Jackie Shroff’s name, sobriquets “Jackie” & “Jaggu Dadda”, voice, and images for commercial purposes without his permission. The order, passed by Justice Sanjeev Narula on May 15, responds to Shroff’s plea against unauthorized commercial exploitation of his personality rights.

Key Points of the Order:

1. Unauthorized Commercial Use:
   • The court found that entities selling wallpapers, T-shirts, and posters on e-commerce websites, and those operating AI chatbot platforms, were prima facie violating Shroff’s personality and publicity rights.
   • Two content creators were specifically restrained from publishing videos of Shroff with profane words and abuses.
2. Celebrity Rights:
   • The court acknowledged Shroff’s status as a celebrity, granting him inherent rights over his personality and associated attributes.
   • Justice Narula noted that unauthorized commercial use of these attributes leads to both financial loss and harm to Shroff’s dignity.
3. Injunction and Notices:
   • An ex-parte injunction was granted against specific defendants, highlighting the balance of convenience and potential irreparable harm to Shroff.
   • The court issued notices to other entities, including a YouTube content creator and a restaurant owner using the trademark “Bhidu”, to address alleged violations.
4. Creative Expression and Free Speech:
   • The court took a cautious approach regarding a YouTube content creator’s video, emphasizing the need to hear the creator before passing any order.
   • It recognized the importance of creative expressions like memes, spoofs, and parodies in popular culture and their role as significant revenue sources for creators.
   • The court warned against stifling freedom of expression, which could deter public participation in free speech due to fear of legal repercussions.
5. Future Directions:
   • The Department of Telecommunications and the Ministry of Electronics and Information Technology were directed to issue instructions to telecom and internet service providers to block infringing URLs.
   • The matter was listed for further hearing on October 15.
6. Compliance and Undertakings:
   • Some defendants claimed to have taken down the offending merchandise, and the court bound them by this undertaking.

Legal and Contextual Precedents:

• Shroff’s counsel, Pravin Anand, cited similar orders from the High Court in cases involving actors Amitabh Bachchan and Anil Kapoor.
• The case underscores the court’s stance on protecting celebrity rights against unauthorized commercial exploitation while balancing the need to preserve creative freedoms and free speech.

Implications:

The interim order is a significant step in recognizing and protecting the personality and publicity rights of celebrities. It highlights the legal responsibility of entities using public figures’ attributes for commercial gain and sets a precedent for similar cases. The court’s nuanced approach to balancing rights and creative expression is crucial for maintaining the integrity of legal and cultural norms.

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