Veteran Bollywood actor Jackie Shroff has initiated legal proceedings against entities exploiting his personality and ‘bhidu’ persona for commercial purposes without his authorization. Shroff lodged a lawsuit before the Delhi High Court on Tuesday, seeking protection for his infringed ‘personality and publicity rights.’
These entities have been utilizing the name, voice, photographs, and his trademarked term ‘bhidu,’ which colloquially translates to ‘friend’ in Mumbai’s parlance, without the consent of Jackie Shroff. These actions aim to deceive the public by implying Shroff’s endorsement and promotion of the products, illicitly capitalizing on the actor’s public image for financial gain.
The value of these products would diminish if Shroff’s unauthorized association were removed, underscoring the commercial exploitation of his persona.
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On Wednesday, May 15th, the court scheduled a hearing for Shroff’s plea, and Justice Sanjeev Narula, presiding over a single-judge bench, issued summons to the defendant entities named in the actor’s lawsuit.
His lawyer, advocate Pravin Anand, emphasized in the plea, “He (Shroff) is so well-known that people will assume the products are endorsed by him. He has the right to use his name due to its marketability… I can understand if you are showcasing a film in which he has acted, with his consent or proper licensing. But this goes beyond nominative fair use.” Anand also informed the court that they have issued advance notices to all defendants, with six confirming the removal of the material.
Citing precedents from Indian and foreign courts, Anand argued that Jackie Shroff possessed rights under common law and intellectual property law to safeguard his personality. Prior to Shroff, actors Anil Kapoor and Amitabh Bachchan pursued legal avenues to protect their personality rights.
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In a similar instance involving actor Anil Kapoor last year, the Delhi High Court issued an interim order to safeguard his rights, restraining entities from exploiting his name, photograph, voice, and other persona elements for commercial gain without consent. Kapoor sought to prohibit the use of his name alongside the acronym AK, his voice, image, photographs, as well as his iconic characters like Mr. India, Lakhan, Nayak, and his catchphrase ‘jhakaas’ without his authorization. His legal team also identified and blocked 44 links as ordered by the court.
Earlier, actor Amitabh Bachchan also sought an injunction to prevent a jeweler from misusing his public image and celebrity status to promote their products, citing his publicity rights.
These legal actions arise amidst ongoing discussions surrounding celebrity rights in the digital age. In Shroff’s case, Justice Sanjeev Narula reserved judgment on the plea, indicating a potential swift resolution.