Delhi HC restrains entities from using actor Jackie Shroff's name, voice without permission
New Delhi (PTI): The Delhi High Court has restrained various entities from using actor Jackie Shroff's name, including sobriquets "Jackie" and "Jaggu Dadda", voice and images for commercial purposes without permission.
Justice Sanjeev Narula, in an interim order dated May 15, said the entities selling wallpapers, T-shirts and posters, etc. on e-commerce websites and operating an artificial intelligence (AI) chatbot platform were prima facie acting in violation of the actor's personality and publicity rights by exploiting and misappropriating his attributes.
The judge also passed the direction against two content creators who published videos of Shroff with "extremely profane words and abuses".
The court said Shroff is a celebrity and this status inherently grants him certain rights over his personality and associated attributes.
"The plaintiff has established a prima facie case for grant of an ex-parte injunction. Balance of convenience lies in his favour and against defendants no. 3-4, 6-7, 13 and 14. If an injunction is not granted in the present case, it will lead to irreparable loss/harm to the Plaintiff, not only financially but also with his right to live with dignity," the court observed.
"It becomes evident that the alleged activities of some of the defendants have, on a prima facie basis, resulted in commercial benefits through the unauthorised exploitation of the plaintiff's personality. Such defendants have utilised the plaintiff's name, image, voice, and other unique characteristics without permission, thereby infringing on his personality and publicity rights," it said.
The court issued notice to certain other entities with respect to alleged violation of his rights, including a YouTube content creator hosting an allegedly derogatory video and a restaurant owner using the registered trademark "Bhidu" for his outlet.
With respect to the video, the court said the actor's portrayal did not introduce any falsehoods. Rather, it embellished his existing public perception as being formidable and it would therefore like to hear the YouTuber before passing any order.
"The format, akin to a meme, spoof, or parody, is part of a burgeoning comedic genre that leverages the cultural resonance of public figures to create engaging content. YouTubers are a growing community, and the substantial viewership of these videos translates into significant revenue for the creators, underscoring that such content is not merely entertainment but also a vital source of livelihood for a considerable segment, particularly, the youth," the court stated.
"Restricting such creative expressions by enjoining defendant no. 5 from producing similar videos or blocking these videos might have far-reaching consequences for this vibrant community. More critically, it could set a precedent that stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions," the court opined.
The court listed the matter for further hearing on October 15 and directed the Department of Telecommunications and the Ministry of Electronics and Information Technology to issue necessary directions to the telecom service providers and internet service providers to block the infringing URLs.
Some defendants said they had taken down the allegedly offending merchandise and the court held that they would be bound by the undertaking.
Shroff had approached the high court earlier this month against the unlicensed use of his name and personality attributes by several entities for commercial gain.
His counsel objected to the "misuse" of his personality and publicity rights through the sale of merchandise and wallpapers as well as "insulting" memes and GIFs and the use of AI.
He also alleged infringement of his trademark rights on Marathi slang "bhidu".
Shroff, who was represented by lawyer Pravin Anand, has contended that individuals cannot be allowed to mislead consumers into buying products thinking they are endorsed by the actor who has worked in over 200 films.
In support of his case, Shroff's counsel had relied on orders passed by the high court in similar lawsuits by actors Amitabh Bachchan and Anil Kapoor.
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Fadnavis rides motorcycle to Vidhan Bhavan, says PM Modi asked only for 'small sacrifices'
Mumbai (PTI): Maharashtra Chief Minister Devendra Fadnavis on Thursday rode a motorcycle to the Vidhan Bhavan here and later defended the Centre's austerity measures, saying Prime Minister Narendra Modi has only "asked people to make small sacrifices".
He also criticised the Opposition for creating "unnecessary controversy" over the matter, adding that questioning the PM's foreign visits - aimed at strategic alliances and economic benefits - was "sheer foolishness".
Fadnavis arrived at the Vidhan Bhavan in South Mumbai on a motorbike from his residence 'Varsha', with BJP leader and minister Ashish Shelar accompanying him, to attend the swearing-in of new members of the legislative council.
The move comes as part of the measures after PM Modi's appeal to conserve fuel and foreign exchange in view of the ongoing conflict in West Asia, which has disrupted global energy supplies. India relies heavily on West Asia for crude oil and gas imports.
On Wednesday, CM Fadnavis announced a series of austerity measures, including halving the number of vehicles in the convoys of his cabinet colleagues, and cancelling foreign tours of ministers and officials.
Addressing reporters here on Thursday, Fadnavis said the state government had curtailed convoys, cancelled avoidable foreign tours and decided against holding large government events for the next six months.
Targeting the Opposition, the CM said similar austerity measures had been adopted by previous governments, including during the tenures of former prime ministers Indira Gandhi and P V Narasimha Rao, as well as by former finance minister P Chidambaram in 2012.
"The Opposition needs to show some maturity. Countries across the world have taken even tougher decisions. The prime minister has only asked people to make small sacrifices while himself taking very tough decisions. Creating unnecessary controversy over this is not appropriate," he said.
Fadnavis said he travelled by motorcycle to send a message on fuel conservation, adding that symbolic actions by political leaders help spread awareness among people.
"When leaders act symbolically in this manner, the message reaches the people. That is why I came here on a motorcycle," he stressed.
The chief minister said all unnecessary foreign visits by officials and ministers had been stopped, and efforts were underway to reduce fuel consumption and save foreign exchange.
"We have reduced our convoys. Wherever petrol and diesel can be saved, wherever foreign exchange can be conserved, we are making every possible effort," he said.
Fadnavis said a major government event scheduled in Satara on Friday would, however, go ahead as it was planned in advance and expenditure had already been incurred.
He said around 25 lakh families would receive benefits valued at Rs 10,000 crore under the Centre's Pradhan Mantri Awas Yojana during the programme.
"After this event, however, no large government programmes will be organised over the next six months," he added.
The CM also dismissed criticism on social media over PM Modi's foreign visits, saying overseas trips aimed at strategic alliances and economic gains for the country should not be equated with avoidable travel.
"The appeal is only against unnecessary foreign travel. It does not mean businessmen should cancel important overseas deals. Criticising the prime minister's foreign visits is sheer foolishness," he said.
