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New Delhi: Jhakaas! Delhi High Court protects Anil Kapoor’s rights
Kapoor’s counsel referred to the unauthorised sale of merchandise, collection of fees by using his photograph as a motivational speaker, morphing his image in a derogatory manner, and selling pictures with forged autographs
New Delhi : The Delhi High Court on Wednesday restrained websites and other platforms from misusing the name, image, voice and other attributes of persona, including the “jhakaas” catchphrase, of actor Anil Kapoor for commercial gain. Justice Prathiba M Singh passed the ex-parte interim order on a lawsuit by the 67-year-old film star alleging unauthorised exploitation of his personality and celebrity rights for commercial use.
Advocate Pravin Anand, appearing for Kapoor, said several websites and platforms have been misusing the personality traits of the plaintiff through various activities.
Kapoor’s counsel referred to the unauthorised sale of merchandise, collection of fees by using his photograph as a motivational speaker, morphing his image in a derogatory manner, and selling pictures with forged autographs and the “jhakaas” catchphrase, GIF images and stickers, among others.
“Jhakaas”, a Marathi slang meaning superb that was first used by the actor in the 1985 movie ‘Yudh, is exclusively associated with Anil Kapoor due to his unique way of delivering it, the court was told. The lawsuit sought protection of Kapoor’s personality rights with respect to his name, voice, image, likeness, manner of speaking and gestures, among others. Justice Singh observed while there can be no doubt that free speech is protected, the same would be illegal when it “crosses the line” and results in tarnishing and jeopardising individual personality rights.
“Using the plaintiff’s name, voice, dialogue, image in illegal manner, that too for commercial purposes, cannot be permitted. Court cannot turn a blind eye to such misuse of personality,” Justice Singh said.
“Defendants 1-16 are restrained from using in any manner the plaintiff Anil Kapoor’s name, image, voice, likeliness or personality or any other attribute of his personality to create any merchandise, ringtones, or in any manner misuse the plaintiff’s name, voice and other elements by using technological tools such as artificial intelligence, face morphing, GIFs for monetary gains or otherwise,” ordered the court.
