Amitabh Bachchan gets interim order protecting his personality rights

The Delhi High Court on Friday granted an interim order in favour of veteran actor Amitabh Bachchan in a suit filed by him to protect his publicity rights against the fake Kaun Banega Crorepati (KBC) lottery scam and other online frauds where his photo and voice are being misused.

The court passed the interim order restraining anyone from infringing Bachchan's publicity or personality rights by misusing his name "Amitabh Bachchan/ Bachchan/ BigB / AB"; his voice, image and any other attribute which is exclusively identifiable with him, for any commercial or personal game.

In the court order, Justice Navin Chawla said, “It cannot be disputed that Amitabh Bachchan is a popular personality and is also represented in many advertisements. I am aggrieved by the defendants who used his personality to promote their own businesses, good and services, without his permission."

The court added, “The actor is likely to suffer irreparable loss and harm due to such activities. It can also bring disrepute to him. Hence, keeping all these things in view, an interim order has been passed.”

Senior advocate Harish Salve, who appeared on behalf of the actor, said the relief of injunction was sought not only against the individuals named in the lawsuit but also against “john doe” parties or unknown parties who may be exploiting Bachchan's publicity rights.

Salve argued that besides the lottery, domain names were registered under the actor's name; there was an “Amitabh Bachchan Video Call” service and even T-shirts bearing his photographs.

The court directed telecom authorities to take action to pull down websites providing content in violation of Bachchan's rights. It also directed telecom service providers to block access to telephone numbers circulating infringing messages.

The elements of the plaintiff's persona have a huge commercial value associated with them. Any third party found using any of them is bound to cause confusion and deception amongst the general public, asserted the lawsuit which has sought Rs 2 crore from the defendants as damages.

It has been informed that one of the defendants is allegedly circulating messages on WhatsApp with the actor's image to promote “KBC lotteries”, which scams the public into believing that 'Kaun Banega Crorepati' was offering lottery prizes to the general public.

Another defendant, the plea adds, is selling a general knowledge quiz book with Bachchan's image for aspirants who wish to participate in the television quiz show.

In his plea seeking interim relief, Bachchan has said that due to his goodwill and reputation, he is “one of the most sought-after celebrities for brand endorsements” and to protect the same, he “ensures that he endorses a product only after carrying out a thorough background check of the brand, its perception in the minds of the public and other relevant factors”.

“The present suit is being filed to protect the plaintiff's name, voice, image, likeness, and all other elements of the plaintiff's persona which are distinctive and the unauthorised use of which by third parties is likely to create confusion and deception amongst the public,” it has further said.

The matter would be heard next in March.

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