Court finds lack of concrete evidence in actress's claim of unauthorized image use post-endorsement agreement expiration.
In a significant ruling by the Madras High Court, a division bench comprising Justices P. Velmurugan and K. Govindarajan Thilakavadi dismissed the appeal filed by actress Tamanna Santhosh Bhatia against M/s. Power Soaps Limited. The actress had sought damages amounting to Rs. 1 crore for the alleged unauthorized use of her image and personality rights following the expiration of an endorsement agreement.
The court's decision, delivered on April 16, 2026, upheld a previous ruling by a single judge who had dismissed Bhatia's suit, citing insufficient evidence to substantiate her claims. The dispute revolved around an agreement dated October 7, 2008, between Bhatia and Power Soaps Limited, which expired on October 6, 2009. Bhatia argued that the company continued to use her images for promotional purposes beyond the agreed period, infringing on her rights and affecting her commercial engagements with other entities.
Central to the court's decision was the burden of proof on the plaintiff to establish unauthorized use with concrete evidence. The court found that the documents presented by Bhatia, specifically Exs.P7, P8, and P9, failed to directly link the defendant's products to the alleged unauthorized promotional materials. The court noted the absence of these documents in the plaint and pre-suit notices, further weakening the plaintiff's case.
The court emphasized the necessity of providing the best evidence to support allegations of contractual violations, especially in claims involving personality and publicity rights. The judges highlighted that while unauthorized use of an actress's image post-agreement expiration constitutes a violation of rights, the lack of concrete evidence in this case led to the dismissal of the claim.
The ruling serves as a reminder of the stringent evidentiary standards required in legal disputes involving intellectual property and contract law, particularly concerning personality rights and commercial endorsements.
Bottom Line:
Unauthorized use of an actress's image after the expiry of an endorsement agreement constitutes a violation of personality rights, publicity rights, and privacy rights. However, the burden of proof lies on the plaintiff to establish unauthorized use with concrete evidence.
Statutory provision(s): Intellectual Property - Personality Rights.
Tamanna Santhosh Bhatia v. M/s.Power Soaps Limited, (Madras)(DB) : Law Finder Doc id # 2884310
