LI Network
Published on: 22 September 2023 at 15:40 IST
The Delhi High Court has issued a significant verdict, putting stay to the unauthorized commercial exploitation of Bollywood actor Anil Kapoor’s name, image, voice, and signature catchphrase, ‘jhakaas.‘
Justice Pratibha Singh’s ruling also extends to the use of artificial intelligence (AI) tools to manipulate the actor’s image for financial gain, asserting that such practices infringe upon Kapoor’s rights.
Also Read: The Rising Threat: AI Deepfake Scams and Their Hidden Dangers – Law Insider India
Advocate Pravin Anand, representing Kapoor, argued vigorously for the protection of the iconic catchphrase ‘jhakaas,’ contending that it was first introduced by the actor in the movie “Yudh” (1985).
He emphasized that Kapoor’s unique delivery of the word had become synonymous with him, making it instantly recognizable and popular among the public. However, the court disagreed, stating that ‘jhakaas‘ was a common Hindi expression and therefore not eligible for protection.
Anand maintained that it was Kapoor’s distinct manner of delivering the catchphrase that set it apart. Nevertheless, the court was unconvinced, suggesting that if this were the criteria, other celebrities might also seek judicial protection for their catchphrases. Anand clarified that such protection might be warranted if these catchphrases were used for derogatory purposes or inappropriately.
In addition to ‘jhakaas,‘ Kapoor’s legal team sought to prevent the unauthorized use of his initials ‘AK’ and various nicknames, including ‘Lakhan,’ ‘Mr. India,’ ‘Majnu Bhai,’ and ‘Nayak,’ without his consent.
The court acknowledged the importance of free speech, including satire, write-ups, news articles, and parody but emphasized that it should not be employed to tarnish an individual’s reputation. It also emphasized that unauthorized platforms should not mislead the public into believing that Kapoor endorses their content or serves as a “motivational speaker.”
The court’s ruling highlighted the significance of safeguarding a celebrity’s right to endorsement, as it can constitute a substantial source of their livelihood. It emphasized that such rights should not be jeopardized by the proliferation of illegal merchandise.
This decision follows a similar case involving actor Amitabh Bachchan in 2022, where the Delhi High Court granted interim protection of his personality rights against misuse by third parties.
Anil Kapoor’s decision to approach the court stemmed from the proliferation of AI-generated “deepfake” videos featuring his face superimposed on other actors. Additionally, instances of third-party misappropriation of his persona were discovered during an internet search. Kapoor also requested that the Union Ministry of Electronics and Information Technology block pornographic videos that used manipulated images of him.
In his submission to the court, Kapoor expressed grave concern about the misuse of generative artificial intelligence tools, which posed a threat to his hard-earned goodwill and reputation.
Safir Anand, joint managing partner at Anand & Naik, highlighted the growing importance of protecting celebrity rights in India. He hailed the court’s decision as a positive step toward recognizing and curbing the unlawful exploitation of celebrities’ uniqueness and persona, beloved by fans worldwide.
