Delhi High Court recently ruled in favor of Bollywood actor Jackie Shroff, protecting his personality rights and restricting the unauthorized use of his name, image, voice, and likeness without consent. Justice Sanjeev Narula emphasized Shroff’s status as a celebrity based on his extensive acting career spanning over 220 films, television shows, web series, and various commercial endorsements, including a registered trademark for the term ‘Bhidu’.
The court acknowledged that Shroff’s commercial endorsements leverage his unique personality traits and identifiable characteristics, over which he exercises exclusive control. Unauthorized use of these attributes for commercial purposes was deemed as an infringement of his personality and publicity rights, diluting the brand equity established by the actor over the years.
Several defendant entities, including e-commerce stores selling merchandise featuring Shroff’s image, were issued notices and restrained from infringing the actor’s personality rights until the next hearing scheduled for October 15. The court also addressed a YouTube video by a content creator that compiled Shroff’s interviews with the caption ‘Thug Life’, noting that the term was intended as a compliment highlighting the actor’s assertive demeanor.
While appreciating the creative expression of such videos and recognizing the significance for creators as a source of livelihood, the court emphasized the importance of engaging thoughtfully with content. It refrained from ordering an interim injunction against the content creator, underscoring the potential consequences of restricting freedom of expression.
The ruling serves as a significant precedent in safeguarding the personality rights of celebrities like Jackie Shroff and underscores the balance between artistic expression and legal protection in the digital age.
