Delhi High Court imposes permanent ban on unauthorised use of Amitabh Bachchan's identity

In a significant judgment, the Delhi High Court has imposed a permanent ban on several individuals and entities for using Bollywood veteran actor Amitabh Bachchan's name, image, voice, likeness, and unique identity for commercial gain without permission. According to a report by News18, Justice Purushottam Kumar Kourave delivered this final judgment.

This legal proceeding was initiated by Amitabh Bachchan in 2022. The primary objective of this commercial suit was to prevent the unauthorised exploitation of his identity through mobile applications, online domains, poster sales, and quiz books. The court has now converted the interim injunction granted in November 2022 into a permanent decree.

The High Court, through this judgment, has protected the actor's publicity and privacy rights under the principles of common law and intellectual property. The court reiterated that the identity of a public figure cannot be used for commercial purposes to deceive consumers or create a false impression of endorsement.

To resolve this case, the court utilised both settlement agreements and summary judgments. Four specific defendants, including a creator of a fake video-call app, an unauthorised quiz book publisher, a merchandise poster seller, and a domain registrar, entered into formal settlement agreements. These parties surrendered their infringing assets and assured they would not misuse the actor's identity in the future. In exchange, they were exempted from financial damages.

On the other hand, against four other defendants who did not appear and failed to file written responses, the bench exercised its powers under Order VIII Rule 10 of the Civil Procedure Code. The court observed that there were no disputed questions of fact regarding the unauthorised commercial use of Bachchan's identity that required a full trial, allowing for a direct order to protect his commercial reputation.

Taking into account the evolving nature of digital piracy and commercial misuse, the High Court has extended the scope of this permanent decree to unknown entities and anonymous infringers, traditionally classified under "John Doe" (or "Ashok Kumar") orders. This will provide new tools to combat unknown digital pirates.

Finally, the court has granted Amitabh Bachchan the liberty that if any new entity attempts to use his identity, he may take fresh legal action or demand direct enforcement. This judgment is considered a landmark for the protection of public figures' identities in the digital age.

Amitabh Bachchan is one of the most influential and well-known actors in Indian cinema. He has delivered numerous superhit films in his long career and is known worldwide for his acting and voice.