Court Grants Ad-Interim Relief to Protect Kartik Aaryan's Image and Privacy from Commercial Misuse, Including AI-Generated Content
In a landmark judgment, the Bombay High Court, presided over by Justice Sharmila U. Deshmukh, has granted ad-interim relief to Bollywood actor Kartik Aaryan in a case concerning the unauthorized commercial exploitation of his personality attributes. The court has taken a strong stance against the misuse of Aaryan's name, image, and likeness, particularly in light of AI-generated content that has been circulating online.
Kartik Aaryan, a prominent figure in the Indian film industry, sought the court's intervention to protect his trademarked name and his personality/publicity rights. The actor's legal team, led by Senior Advocate Dr. Birendra Saraf, presented evidence of various unauthorized uses of Aaryan's image, including the sale of merchandise, fake social media accounts, and AI-generated content that infringed upon his rights.
The court acknowledged the plaintiff's exclusive rights over his personality attributes, which cannot be exploited without his consent. It highlighted the risks of unauthorized exploitation for unjust commercial enrichment and the potential tarnishing of Aaryan's reputation. Consequently, the court ordered the deletion of infringing content from online platforms, emphasizing the importance of protecting an individual's right to privacy and reputation.
Justice Deshmukh's judgment also addressed intermediary liability, stating that while intermediaries must act upon notifications from the plaintiff to delete infringing content, they retain the right to object with reasons if they choose not to remove the content. The court made it clear that blanket injunctions are not feasible, and individual entities may seek redressal separately.
The ruling further permitted compliance under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908, allowing for service upon defendants through additional modes given the number of parties involved. This compliance is to be completed within three weeks of the order's publication.
This judgment sets a significant precedent in protecting the rights of public figures against the unauthorized commercial exploitation of their personality attributes, especially in the digital age where AI-generated content poses new challenges.
Bottom Line:
Right to personality and publicity - Court grants ad-interim relief to protect Plaintiff's personality/publicity rights and privacy, restraining unauthorized commercial exploitation of Plaintiff's name, image, and likeness, including AI-generated content and fake merchandise.
Statutory provision(s): Order XXXIX Rule 3 of the Code of Civil Procedure, 1908
Kartik Aaryan v. Vinsm Globe Private Limited, (Bombay) : Law Finder Doc id # 2884757
