Bombay HC grants interim relief to Kartik Aaryan, protects personality rights

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Kartik Aaryan in his Intellectual Property Rights (IPR) infringement suit against Indian and foreign social media and e-commerce platforms for exploiting his 'online persona" and misappropriation of his personality rights including his name, image and likeness. (Source: Instagram)Bollywood actor Kartik Aaryan has become a latest celebrity to get his personality rights protected from the Bombay High Court’s recent interim order, which also restrained its misuse in digital space including websites, social media accounts and John Doe (all unknown persons) without his consent or authorisation.The HC perused explicit Artificial Intelligence (AI)- generated content “prima facie prejudicial” to Aaryan’s reputation and observed, ” The obscene and disparaging content uploaded on public viewing platform needs urgent deletion/delisting. Insofar as the artificial intelligence chatbot platform is concerned, such platform permits the user to chat with the chat-bot which responds as the Plaintiff would. Through such user, the voice, image and likeness of the Plaintiff’s persona is sought to be commercially exploited without consent,” the judge noted.The Bombay HC has granted relief to at least six other celebrities since 2024. The personality rights of celebrities consist their name, voice, signature, image, or any other characteristic that identifies their personality and is readily recognisable to the general public.A single-judge bench of Justice Sharmila U Deshmukh passed an order on April 15, which was made available on Friday, on interim application by Aaryan in his Intellectual Property Rights (IPR) infringement suit against Indian and foreign social media and e-commerce platforms for exploiting his ‘online persona” and misappropriation of his personality rights including his name, image and likeness.Aaryan, through senior advocate Birendra Saraf and advocates Ameet Naik and Madhu Gadodia sought protection of his personality, privacy, moral and publicity rights and also restraint against infringement of the trade mark “Kartik Aaryan” which has been registered him. He claimed misuse of his rights through unauthorised or counterfeit merchandise, advertisements, fake websites for booking his performance, fake profiles on social media platforms, deepfake videos, among others.Justice Deshmukh observed Aaryan is a “popular and well known film personality and “his presence in movies and brand endorsements has leveraged his personality attributes over which the he has exclusive right.”The judge observed that the material produced before it “implies a false association” with plaintiff and “carries strong possibility of duping the public” and “prima facie” it demonstrated need for an immediate restraint order.Story continues below this ad“The material on record prima facie makes out a case of violation of the Plaintiff’s personality/publicity rights and right to privacy,” the judge held, adding that unauthorised commercial use of his personality rights has “the effect of diminishing the Plaintiff’s brand value.”The HC, posting further hearing to June, 10, also ordered delisting or deleting of objectionable content by intermediaries within 36 hours of it being communicated by Aaryan or his representative.Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. 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