Amitabh Bachchan v. Rajat Nagi & Ors.

Relevant Acts and provisions

Code of Civil Procedure, 1908

Section Order XXXIX Rule 1Section Order XXXIX Rule 2

Provisions considered: Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, in a suit for infringement of celebrity publicity rights.

Brief facts

A leading film actor sued numerous defendants for unauthorised use of his celebrity status, name, image and voice to promote fraudulent schemes and unrelated commercial activities, including a fake lottery scam and websites registered under domain names incorporating his name. Relying on the recognition of publicity rights in Titan Industries v. Ramkumar Jewellers, the plaintiff sought an omnibus ex parte interim injunction restraining all the defendants from exploiting his persona, together with directions to telecom and internet authorities to block the infringing websites and phone numbers.

Issues before the Court

1. Can an omnibus ex parte injunction be granted to restrain multiple unrelated defendants from misusing a celebrity's publicity rights?
2. Does unauthorised use of a celebrity's identity to run fraudulent schemes infringe his publicity rights?
3. Can telecom and internet intermediaries be directed to block infringing content at the interim stage?

Court's findings

The Court held that the plaintiff, being a well-known personality frequently represented in advertisements, had made out a strong prima facie case that the defendants were using his celebrity status without authorisation to promote their own goods, services and, in some instances, fraudulent schemes, causing grave and irreparable harm to his reputation and publicity rights as recognised in Titan Industries.

The Court found that the balance of convenience favoured the plaintiff, since continued unauthorised use of his celebrity status was liable to bring him into disrepute and cause harm that could not be adequately compensated in damages.

On this basis the Court granted an omnibus interim ex parte injunction restraining the defendants and directed the concerned telecom service providers and statutory authorities to block the infringing websites, domain names and phone numbers, treating the multiplicity and anonymity of the infringers as justifying comprehensive rather than defendant-specific relief.

Decision

Omnibus ex parte interim injunction granted restraining unauthorised commercial use of the plaintiff's celebrity status, with blocking directions to telecom and information technology authorities.

Cases cited

• Titan Industries Ltd. v. M/s Ramkumar Jewellers, 2012 SCC OnLine Del 2382

Authorities referred to in the decision. Please verify each citation in the judgment itself.

Keywords

Domain Names Dynamic Injunction Online Infringement Personality Rights Publicity Rights