Legal experts noted that an interim ruling by the Delhi High Court prohibiting the unauthorized use of Amitabh Bachchan’s name, images, or voice has established a precedent to safeguard the reputation of other celebrities. The order may serve as a deterrent to the unauthorized use of celebrities’ names in advertising and other promotional endeavours.

Misuse of Personality Rights

“The term ‘personality right’ has commercial value as a result of the goodwill or associations associated with it. According to Neha Naik, associate partner at Phoenix Legal, “misusing personality rights can have significant negative economic and reputational effects for concerned celebrities, and an order like the injunction order passed by the Delhi High Court will control the unauthorized use of celebrities’ personalities for advertising.

Unauthorized users will be held responsible for compensating the celebrity for damages and will also face sanctions for contempt of court.

Challenging to track Infringement of Personality Rights

Challenging to track Infringement of Personality Rights
Image Source: CNN

“Although it might operate as a deterrent, it is very challenging to keep track of such actions because celebrities can only take action after learning of an incident. The action one could take to stop the use of their personality is if it is not a genuine replication but merely a copy. Exclusion of mimicry artists and other entertainers dilutes the action one could take against the use of their personality”, unpermitted use of a celebrity’s personality rights can result in a loss of between 15% and 20% of their income, according to Naik, associate partner, Phoenix LegalSaid.

What are Personality Rights?

Personality rights essentially refer to a person’s right to his or her qualities, including how they appear, sound, move, and live. This is especially crucial in the case of celebrities because they frequently have their names and other identifying features get used for self-gain and, occasionally, unlawful actions, which can result in unimaginable harm to the celebrity and his or her family. 

What Court Ordered in Amitabh Bachchan’s Case?

 A temporary injunction prohibiting unauthorized parties from violating Bachchan’s publicity and personality rights was issued by Justice Navin Chawla. ” It cannot seriously be disputed that the plaintiff is a well-known figure and is also featured in several advertising”, he wrote in the order.

“The defendants are abusing the plaintiff’s celebrity status to market their products and services without his knowledge or consent. After reading the plaint, I believe there is enough evidence to support his case, and the balance of convenience is also in his favour.”

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