The Delhi high court on Tuesday refused to immediately protect the personality rights of YouTuber Bhuvan Bam by restraining various entities from commercially using his name, image or voice without consent.
A bench of justice Jyoti Singh observed that there cannot be any finding on the infringement of personality rights on the first date of hearing.
“I have a different view on that (personality rights). On the first day (of hearing a suit seeking protection of personality rights), I can’t render a prima facie finding on personality. I am of the view that such a finding on personality on the first date is not called for. No one can render a prima facie finding on personality rights, that is how I see it,” justice Singh said to Bam’s lawyer.
She, however, said she would pass an order directing the takedown of various images being used without his consent.
“I’ll pass that order of takedown. I’ll render a finding that your images have been misused without your consent. I’ll record that finding,” justice Singh added.
This came after Bam’s lawyer submitted that his client’s persona, including his name, voice, image and likeness, was being exploited to sell merchandise without his consent. Such acts, the lawyer said, amounted to infringement of his personality and publicity rights, as well as violation of a registered trademark jointly owned by him and his company, BB Vines.
The judge, however, issued summons in Bam’s suit seeking protection of personality rights.
Justice Singh’s refusal reflects a departure from the approach earlier adopted by coordinate benches of the high court, which in several cases had granted protection to personality rights at the very first hearing of such suits.
In the past, the court had extended first-day protection to the personality and publicity rights of filmmaker Karan Johar and actors Akkineni Nagarjuna, Salman Khan, Ajay Devgn and Hrithik Roshan. It had also safeguarded the personality rights of members of the Bachchan family, including Amitabh Bachchan, Jaya Bachchan, Abhishek Bachchan and Aishwarya Rai Bachchan.