Protecting Personality: Jackie Shroff's Legal Battle in Delhi HC

 Protecting Personality: Jackie Shroff's Legal Battle in Delhi HC



Actor Jackie Shroff has taken legal action to safeguard his personality and publicity rights by filing a suit in the Delhi High Court. The suit targets various entities that have been using his name, photographs, voice, and the iconic moniker "Bhidu" without his consent.


Seeking Legal Intervention


Through this legal recourse, Jackie Shroff seeks the court's intervention to protect his name, voice, image, likeness, and all other elements of his persona that are distinctive and exclusively identifiable with him. The unauthorized use of these attributes by third parties has the potential to create confusion and deception among the public.


Court's Response


Justice Sanjeev Narula's bench has issued a summons on the actor's suit and will consider the case's interim injunction application. Jackie Shroff is seeking a permanent injunction to restrain the defendants from infringing upon his personality and publicity rights for commercial or personal gain.


Grounds for Legal Action


Specifically, the plea seeks to prevent the unauthorized use of Jackie Shroff's name, aliases like 'Jackie', 'Jaggu Dada', and 'Bhidu', as well as his voice, image, and any other attribute exclusively identifiable with him. Additionally, it addresses the infringement of his moral rights in his performances under the Copyright Act, of 1957.


Unauthorized Use Highlighted


The suit highlights instances where defendants have extracted clips from movies featuring Jackie Shroff's performances without his consent, for the creation and dissemination of content such as GIFs. Such unauthorized use not only violates his moral rights but also brings disrepute to him and subjects him to unsavory humor.


Legal Basis


The legal action taken by Jackie Shroff is grounded in the protection of his personality and publicity rights. These rights allow individuals to control the commercial use of their likeness and prevent unauthorized exploitation. The misappropriation of any attribute of Jackie Shroff's persona for commercial purposes is liable to be restrained, based on the tort of dilution, particularly tarnishment.


Industry Precedent


This case adds to a series of similar legal battles in the entertainment industry. Recently, the Delhi High Court restrained the unauthorized use of actor Anil Kapoor's personality or name for commercial purposes. Similarly, in 2022, actor Amitabh Bachchan also approached the Delhi HC against the illegal use of his voice and image.


Significance


As the case unfolds in the Delhi High Court, it underscores the importance of protecting celebrities' rights over their own identity and image. The outcome of this legal battle will not only impact Jackie Shroff's rights but also set a precedent for the protection of personality and publicity rights in India's entertainment industry.

Location: Pune, Maharashtra, India

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