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significantheadlines2024:DHC:4500

Delhi High Court protects Kriti Sanon's personality rights, restrains unauthorized use of image for commercial gain

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
Published
Case
Kriti Sanon v. The Vintage Company & Ors.
Bench
Justice Anish Dayal
Citation
2024:DHC:4500
Decided
Bottom Line Up Front (BLUF)

In Kriti Sanon v. The Vintage Company & Ors., 2024:DHC:4500, the Delhi High Court on May 24, 2024, granted an interim injunction protecting actor Kriti Sanon's personality rights, restraining unauthorized use of her image and name for commercial endorsement without consent, citing common law principles and the Trade Marks Act, 1999.

Ratio Decidendi · Legal Principle Established

An individual's personality rights, including the right to control the commercial use of their name, image, and likeness, are protected under common law and can be enforced through injunctions against unauthorized commercial exploitation, even in the absence of a specific statutory provision for personality rights.

Practice & Procedural Impact for Advocates

Advocates should advise clients seeking to use celebrity images or names for commercial purposes to obtain explicit consent to avoid injunctions and damages. Litigants should be prepared to demonstrate unauthorized commercial exploitation and the celebrity's established persona to secure interim relief.

Key Legal Takeaways

  • 1Personality rights protect an individual's name, image, and likeness from unauthorized commercial use.
  • 2Courts can grant interim injunctions to prevent the misuse of personality rights.
  • 3Commercial exploitation of a celebrity's persona without consent is actionable.

The Legal Issue Actor Kriti Sanon approached the Delhi High Court seeking to protect her personality rights against The Vintage Company and others. She alleged that the defendants were unauthorizedly using her name, image, and likeness for commercial endorsements, specifically for promoting their products, without her consent or any licensing agreement. Sanon contended that such unauthorized use amounted to an infringement of her personality rights, causing damage to her reputation and commercial value.

Court's Reasoning Justice Anish Dayal of the Delhi High Court, in the case of *Kriti Sanon v. The Vintage Company & Ors.*, 2024:DHC:4500, recognized the existence of personality rights under common law. The Court observed that a celebrity's persona, including their name and image, holds significant commercial value, and the unauthorized exploitation of this persona for commercial gain constitutes an infringement of these rights. The Court noted that while there isn't a specific statute for personality rights in India, these rights are protected through common law principles and can be enforced through actions similar to those for trademark infringement, drawing parallels with the Trade Marks Act, 1999. The Court found a prima facie case in favor of Kriti Sanon, acknowledging the irreparable harm that could be caused by the continued unauthorized use of her image and name.

What Follows The Delhi High Court granted an interim injunction restraining The Vintage Company and other defendants from using Kriti Sanon's name, image, or any aspect of her persona for commercial purposes without her explicit consent. The defendants were directed to immediately cease all such unauthorized activities and remove any existing promotional materials featuring the actor. The matter will proceed for further hearings to determine the final relief, including potential damages.

Read the Bar & Bench report