Court Restrains Unauthorized Use of Actress Kajol's Persona for Commercial Gain
In a significant ruling, the Delhi High Court has granted an ex-parte ad interim injunction in favor of renowned actress Kajol Vishal Devgan, safeguarding her personality and publicity rights against unauthorized commercial exploitation by various defendants. The case, presided over by Justice Jyoti Singh, centers around the unauthorized use of Kajol's name, image, and likeness for commercial gain, particularly in merchandise and AI-generated content.
Kajol, a celebrated figure in Indian cinema, sought legal protection against the defendants who were allegedly profiting from her persona without her consent. The court recognized her established goodwill and statutory rights under the Trademark Act, 1999, and emphasized the irreparable harm to her reputation and dignity due to such unauthorized usage.
The court's decision restrains defendants from selling merchandise and using AI technologies that exploit Kajol's persona. The injunction extends to platforms and entities engaged in generating AI content and deepfake technologies that portray her in inappropriate scenarios. The court's intervention underscores the importance of protecting celebrities' rights in the digital age, where AI technologies pose new challenges.
The court directed the defendants to de-list infringing products and cease the unauthorized use of Kajol's image and likeness. The judgment also mandates social media platforms to disclose subscriber information related to infringing accounts.
This ruling marks a pivotal moment in the protection of celebrity rights, especially concerning AI-generated content and merchandise. It reinforces the legal framework under which public figures can protect their persona from unauthorized commercial exploitation, ensuring their dignity and reputation are not compromised.
Bottom Line:
Protection of Personality/Publicity Rights and Trademark Rights of a Celebrity.
Statutory provision(s):
Commercial Courts Act, 2015, Sections 28 and 29 of the Trademark Act, 1999, Bhartiya Sakshya Adhiniyam, 2023, Copyright Act, 1957, Articles 19 and 21 of the Constitution of India.
Kajol Vishal Devgan v. Kash Collective, (Delhi) : Law Finder Doc id # 2858475
