Unauthorised use of Amitabh Bachchan's voice, image barred by Delhi HC

The court's order came on a lawsuit by the veteran actor alleging exploitation of his 'publicity rights as a celebrity' by several individuals

The Delhi High Court on Friday issued an interim direction restraining the unauthorised use of actor Amitabh Bachchan's voice, image, name or any other trait exclusively identifiable with him by any individual.

The court's order came on a lawsuit by the 80-year-old veteran actor alleging exploitation of his “publicity rights as a celebrity” by several individuals, including the person behind a “KBC lottery” to scam the public.

Bachchan is the host of the popular TV game show Kaun Banega Crorepati (KBC).

Taking up his plea, Justice Navin Chawla said it is undisputed that Bachchan is a well-known personality and is likely to suffer an irreparable loss and disrepute if relief is not granted at this stage.

The court directed for an ad interim ex parte order of injunction, saying that a case for relief at this stage has been made out by the actor.

The court also noted the defendants appeared to be using his celebrity status for promoting their own activities without his authorisation or permission.

"The plaintiff is therefore likely to suffer grave irreparable harm or injury to his reputation. In fact, some of the activities complained of may also bring disrepute,” the court said.

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. It fixed the matter for consideration in March of next year.

Senior advocate Harish Salve, 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.

Advocates Ameet Naik and Pravin Anand also appeared for Bachchan before the high court.

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

In his lawsuit, Bachchan has asserted that only he exercises the “control over commercial utilisation of his personality, name, voice, image, likeness and other characteristics that are uniquely identifiable and associated” with him and no one can “utilise”, “misappropriate” or “imitate” any facet of his personality or “exploit the same commercially” without his consent or express authorisation.

The elements of the plaintiff's persona have a huge commercial value associated with them and 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 two 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.