In an unprecedented move highlighting celebrity rights, veteran Bollywood actor Jackie Shroff has petitioned the Delhi High Court, requesting judicial intervention to preserve his rights to his unique identity and personality traits. Known for his distinctive style and demeanor, which have garnered a dedicated following among movie-goers, Shroff’s legal action comes in response to the unauthorized exploitation of his name, image, and particularly the use of the moniker “Bhidu” without his consent.
The multifaceted actor is renowned not just for his on-screen work but also for his unmistakable mannerisms and way of speaking, which have become synonymous with his public persona. It is this individuality that Shroff aims to protect through his legal suit by seeking a permanent injunction against the defendants. He insists on prohibiting them from using his name ‘Jackie Shroff’, ‘Jackie’, ‘Jaggu Dada’, ‘Bhidu’ and any other personal signifiers which are intimately linked to his identity for commercial advantages.
Justice Sanjeev Narula of the Delhi High Court has taken cognizance of the case and has issued summons for the claim. The hearing on the interim injunction application is set for the following day, potentially setting a precedent for personality rights in India. This suit questions the legal boundaries of commercializing a public figure’s identity without their permission.
The complainant seeks protection not only for his visual likeness but also against the unauthorized reproduction of his voice and tethered emotional associations that unequivocally point to Shroff’s persona. The claim includes an injunction request against Bhidu Shawarma restaurant among others, from using Shroff’s registered trademarks or any deceptively similar trade names in their business operations.
Furthermore, the suit underscores a crucial aspect of copyright law, concerning the performer’s moral rights as stated under section 38B of the Copyright Act, 1957. Shroff highlights that as an actor with numerous film performances, he holds moral rights which entitles him to prevent any unwelcome modification of his performances that might tarnish his repute.
The details of the grievance specify that movie clips and performances by Shroff have been appropriated by defendants for the creation and circulation of graphics and GIFs. Shroff asserts that such actions are carried out without his knowledge or consent, thus, constituting an infraction of his moral rights.
The suit extends the argument to address the issue at broader levels, regarding the potential damage to Shroff’s reputation due to such misuse. It invokes the legal philosophy pertaining to the traditional conception of publicity rights and the tort of dilution, especially tarnishment, rendering such unauthorized exploitation legally restrainable.
Jackie Shroff’s recourse to the judiciary is not an isolated event in Bollywood. Precedents include personalities like Anil Kapoor and Amitabh Bachchan who, in 2022, also sought legal action against the unauthorized use of their voice and image. Such steps are increasingly forefronting the necessity of legal protection against the commodification of personal attributes in the entertainment industry.
In the midst of this legal contestation, Shroff continues his prolific career with recent appearances in the blockbuster movie “Jailer” and the forthcoming feature “Baby John”, where he stars alongside Varun Dhawan, Keerthy Suresh, and Wamiqa Gabbi.
This suit could be a pivotal point in Indian jurisprudence concerning celebrity rights, challenging how public figures can control the use of their identity and potentially setting the stage for change within the entertainment industry. As this story unfolds, eyes will be closely watching the Delhi High Court for its stance on the intricacies of personality rights in the digital age.
