Aman Gupta Secures Ex-parte Ad-interim Injunction to Protect Image and Trademark Against AI and Deepfake Misuse
In a landmark decision, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Aman Gupta, a prominent entrepreneur and public figure, safeguarding his personality rights and registered trademarks against unauthorized exploitation. Presided over by Justice Tushar Rao Gedela, the court addressed concerns over the misuse of Gupta's persona through artificial intelligence and deepfake technologies, which had been used to exploit his image and trademarks without consent.
The case, titled Aman Gupta v. John Doe/Ashok Kumar, and Ors., highlighted the growing issue of personality rights in the digital age, particularly concerning AI-generated content and deepfake technology. Gupta, known for his role as a judge on the television program "Shark Tank India" and his leadership at boAt Lifestyle, alleged that various defendants were infringing upon his personality rights by using his name, image, and likeness without authorization.
The court recognized Gupta's substantial reputation, detailing his achievements and contributions to Indian entrepreneurship, including his roles as a public speaker and investor. His registered trademarks, "Hum Bhi Bana Lenge" and "Down, But Not Out!", were found to be misused by third parties for commercial gain, leading to unjust enrichment and dilution of Gupta's brand.
Justice Gedela's order restrains the defendants from exploiting Gupta's persona and trademarks through AI and other technologies, ensuring that his goodwill and reputation remain untarnished. The injunction also mandates the removal of infringing content from online platforms, with directives to disclose user information related to the infringing parties.
The court acknowledged the urgency of addressing the misuse of Gupta's persona, especially in cases involving obscene or pornographic content, which posed significant risks to his reputation. The decision underscores the importance of protecting personality rights in the digital era, where unauthorized exploitation can result in substantial harm to individuals' reputations and financial interests.
The ruling allows Gupta to approach the court for further infringers during the pendency of the suit, emphasizing the court's proactive stance in safeguarding individual rights against digital misappropriation. This decision sets a precedent for future cases involving personality rights and the unauthorized use of personal attributes through emerging technologies.
As the legal landscape evolves to address the challenges posed by digital technology, this judgment by the Delhi High Court marks a significant step towards ensuring the protection of individual rights in the face of technological advancements.
Bottom Line:
Protection of personality and publicity rights against unauthorized exploitation, including through AI and deepfake technology, and infringement of registered trademarks upheld.
Statutory provision(s):
Commercial Courts Act, 2015, Section 12A; Civil Procedure Code, 1908 - Order XI Rule 1(5), Order XXXIX Rules 1 & 2; Trade Marks Act, 1999
Aman Gupta v. John Doe/Ashok Kumar, (Delhi) : Law Finder Doc id # 2895420
