Source: Delhi High Court

Why in News?

Recently the Delhi High Court in case of Independent News Service Private Limited & Anr v. Ravindra Kumar Choudhary & Ors court ruled in favor of senior journalist Rajat Sharma, protecting his personality rights against unauthorized use of the "Baap Ki Adalat" trademark and India TV logo.

• The Court restrained Ravindra Kumar Choudhary, who was using the name "Jhandiya TV," from utilizing Sharma's photograph, video, or name in any manner that could violate his personality rights.

What was the Background of Independent News Service Private Limited & Anr v. Ravindra Kumar Choudhary & Ors ?

• Rajat Sharma has built a significant association with the TV news interview show "Aap Ki Adalat" over many years, establishing it as a recognizable brand closely linked with his name and India TV.
• The plaintiff, (India TV and Rajat Sharma), alleged that the defendant, (Ravindra Kumar Choudhary), unlawfully used trademarks and logos resembling those of India TV and "Aap Ki Adalat."
• Choudhary's "Jhandiya TV" utilized an identical logo and the name "Baap ki Adalat," which closely mirrored the plaintiff's trademarks and show name.
• According to the plaintiff, it leds to public confusion and infringed upon their intellectual property rights.
• The legal dispute revolves around these allegations of unauthorized use of trademarks, logos, and show names.
• Plaintiff claims of trademark infringement, violation of personality rights, and unauthorized use of intellectual property.
  • The plaintiff seeks injunctions to cease the defendant's unauthorized usage and potential damages for the alleged infringement.

What were the Court’s Observations?

• The court granted an ex parte ad interim injunction in favor of the plaintiff until the next hearing, finding that they have shown a prima facie case and are likely to suffer irreparable harm otherwise.
  • This injunction was issued in a suit filed by the plaintiff and their company.
• The defendant is prohibited from using the plaintiff's name, photos, or videos in any capacity that may violate their personality rights.
• Social media platforms are ordered to remove infringing content, including posts containing specific trademarks.

What is Personality Right?

• Personality rights, also known as the right of publicity.
• It refers to the legal rights of individuals to control and profit from the commercial use of their identity, likeness, name, or other aspects of their personality.
• These rights protect individuals from unauthorized commercial exploitation, such as using their image or name for advertising or promotional purposes without their consent.
  • It is necessary for renowned personalities/celebrities to register their names to save their personality rights.
• Personality rights vary by jurisdiction, but they generally encompass the right to control how one's identity is used in commercial contexts and to receive compensation for any unauthorized use.
  • A large list of unique personal attributes contribute to the making of a celebrity.
  • All of these attributes need to be protected, such as name, nickname, stage name, picture, likeness, image and any identifiable personal property, such as a distinctive race car.

What are the Types of Personal Rights?

• There are two types of personality rights
  • The right to publicity
  • The right to privacy.
• The right to publicity safeguards a celebrity's image and traits from unauthorized commercial use, similar to how trademarks protect brands.
  • This right lasts until the individual's death, after which the court assumes control.
• The right to privacy shields celebrities from unwanted intrusion into their personal lives, such as unauthorized photography or release of private information.
• Both rights are enshrined in the Indian Constitution under Article 19 (freedom of speech and expression) and Article 21 (right to privacy).

What are the Legal Remedies Available to Protect Personal Rights?

• To protect their personal rights, famous people and celebrities may take legal recourse in a court of law.
• In India, the legal remedy available for protecting personality rights is Article 21 of the Indian Constitution, 1950 under the right to life and dignity including privacy and publicity.
• Other statutory provisions protecting personality rights include the Copyright Act, 1957.
• According to the Act, moral rights are only granted to authors and performers, including actors, singers, musicians, and dancers.
• The provisions of the Act mandate that the Authors or the Performers have the right to be given credit or claim authorship of their work and also have a right to restrain others from causing any kind of damage to their work.
• The Indian Trademarks Act, 1999 protect personal rights under Section 14, which restricts the use of personal names and representations.

What are the Relevant Cases Involved?

• Arun Jaitley v. Network Solutions Private Limited and Ors Case (2011)
  • The Delhi High Court in its judgment observed that the popularity or fame of an individual will be no different on the internet than in reality.
  • The court had also stated that the name also falls in the category wherein besides it being a personal name it has also attained distinctive indicia of its own.
• Gautam Gambhir v. D.A.P & Co. & Anr, Gautam Gambhir (2017)
  • An Indian cricketer claimed that the use of his name as a tagline for a chain of eateries violated his personality rights and trademark protection due to his fame.
  • The Delhi High Court denied his injunction request, stating there was no evidence of attempted misrepresentation, as the defendant's social media pages did not feature Gambhir's public representations.
  • The court ruled there was no commercialization of Gambhir's name and dismissed the lawsuit, highlighting the need to establish unfair enrichment for a successful personality rights claim.