INDIA Trends and Developments Contributed by: Safir Anand, Anand and Anand Advocates
were to misuse this influence, it could have grave consequences. Recently, an order was passed in favour of the actors Anil Kapoor and Amitabh Bachchan to recognise their uniqueness and control unlawful exploitation of their uniqueness and personas, developed and loved by fans of the celebrities the world over. In Anil Kapoor’s case, the order restrained the defendant or anyone acting for or on their behalf from utilising Anil Kapoor’s name, likeness, image, voice, personality or any other aspects of his persona to create any merchandise, ring tones, ring-back tones, or in any other manner to misuse said attributes using technological tools such as AI, machine learning, deep fakes, face morphing, or GIFs for monetary gain, or other - wise to create any videos, photographs, etc, for commercial purposes. The evergreen actor, Shivaji Rao Gaikwad (famously known as “Rajnikanth”) received a favourable order from the Honourable Chennai High Court in a case of infringement of celebrity rights, in which his alias name was used with - out his consent in the title of the film Main Hoon Rajinikanth . The court upheld the importance of protecting pseudonyms as a part of personality rights. Additionally, Arun Jaitley initiated a suit in which he successfully received an injunction order against a domain name (www.arunjaitley.com) which was using his name, on the grounds of misuse of his well-known status. Amitabh Bachchan, along with Jaya Bachchan, have also previously been the victims of unau - thorised use of their names and personalities by third parties (eg, in false endorsements). In
a case against a jewellery brand that used their respective identities without consent, it was held that their photographs could not be misused for commercial gains, thereby permanently injunct - ing the advertisement. The concept of a celebrity’s privacy rights was explored further in a suit filed by Phoolan Devi in a dispute against the movie Bandit Queen . A successful order was passed to ensure that she has the right to project her personality on screen in the manner she wishes. IP Audits The Securities Exchange Board of India has also made it mandatory for companies to disclose the status of their IP in the Red Herring Prospec - tuses. As a result, IP audits have become critical to gain investor trust. Advertising Compliance The Advertising Standards Council of India has started its own actions against brands for false, exaggerated or disparaging claims in advertise - ments, with substantial complaints issued last year. Seeking legal counsel has gained traction, as it contributes to reputation management. Advertisements are corporate assets and it is vital to ensure that they are not just legally com - pliant, but create a harmonious conversation between marketers, advertisers and lawyers to produce a value-driven campaign. Damages in India Courts in India are increasingly awarding dam - ages in IP disputes. It has become vital for pro - moters to ensure diligence and pre-empt events that may impact the financials of a company. This has increased correlation between IP and market capitalisation; the impact on stock mar - kets has also started a conversation on overlaps with corporate governance.
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