HC restrains unauthorised use of Amitabh’s name, likeness

The Delhi High Court has granted a permanent injunction to protect the personality rights of Bollywood actor Amitabh Bachchan, preventing unauthorized use of his name, image, voice, or persona. The court's decision came in response to a suit filed by Bachchan in 2022, following his awareness that he had settled with four entities acknowledging his publicity rights and right to privacy.

As part of the settlements, two entities acknowledged that they had taken steps to remove a mobile application titled "Amitabh Bachchan Video Call" and discontinue a General Knowledge Quizbook featuring the actor's image. One individual reported that they had ceased selling posters bearing Bachchan's likeness, name, and image. Another entity informed the court that they had deleted the domain name "amitabhbachchan.in" in November 2022 without deriving any monetary benefit.

All four entities involved in the settlements agreed not to use Bachchan's persona in the future without his explicit consent. However, the court noted that unknown entities, despite being served, failed to appear or file written statements, and their right to do so had been closed as of September 25, 2023.

The court emphasized that in commercial suits, the statutory timeline for filing a written statement cannot be extended beyond the prescribed period. As a result, the November 2022 interim order protecting Bachchan's rights has been merged into the final decree. The application, incorporating the terms of the compromise, will be included in the decree sheet.

The court expressed that the interim injunction, dated November 25, 2022, has also been applied to the "John Does," as there is a continuing pattern of anonymous misuse of Bachchan's persona through websites, applications, posters, and messaging platforms that the plaintiff cannot track to identified individuals. The decree in paragraph no. 76(a) to (c) of the plaintiff's complaint will apply to defendant number 10 as well.