Delhi HC bans Jhakaas from misusing Anil Kapoor’s lawyer pointed to the unauthorized sale of merchandise and selling of forged autographs and photographs with the phrase “jhakaas“.
The Delhi HC bans Jhakaas from misusing Anil Kapoor’s High Court on Wednesday restrained the misuse of actor Anil Kapoor’s name, image, voice and other personality traits, including the phrase “jhakaas”, for commercial gain.
Justice Pratibha M Singh passed an ex-parte interim order against several websites and platforms on the actor’s suit alleging unauthorized exploitation of his personality and celebrity rights for commercial use.
Advocate Praveen Anand, appearing for Kapoor, said that many websites and platforms are misusing the personality rights of the plaintiff through various activities.
Kapoor’s lawyer pointed to unauthorized selling of merchandise, collecting fees by using his photograph as a motivational speaker, altering his image in a defamatory manner, and selling photographs with forged autographs and “snitch” catchphrases.
The lawsuit sought to protect Kapoor’s personality rights in relation to his name, voice, image, likeness, manner of speaking and body language, etc.
Justice Singh said that while there is no doubt that freedom of expression is protected, it would be illegal when it “crosses the line” and results in tarnishing and endangering individual personality rights.
The name, voice, dialogue, image of the plaintiff cannot be allowed to be used in an illegal manner, that too for commercial purposes. The court cannot turn a blind eye to such abuse of personality,” Justice Singh said.
“Defendants 1 to 16 are restrained from using the name, likeness, voice or any other attribute of the plaintiff Anil Kapoor in any way for monetary gain or otherwise,” the court ordered.
It also prevented other unknown persons from circulating objectionable links. The court directed the authorities concerned to block the objectionable platforms.
The court said, “Fame for a person comes with disadvantages” and “this case shows that reputation and fame can turn into disadvantages”.
It says such abuse can harm a celebrity’s right to receive an endorsement.
