Why HC refused to immediately protect Bhuvan Bam's personality rights
What's the story
The Delhi High Court on Tuesday refused to immediately protect the personality rights of YouTuber and actor Bhuvan Bam. The court observed that no prima facie finding can be made on the infringement of such rights on the first day of hearing. However, it did agree to pass an order directing the removal of images being used without his consent.
Court's observation
'No one can render prima facie finding on personality rights'
Justice Jyoti Singh, while hearing the case, said, "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."
Legal details
Bam's persona exploited for merchandise sales: Lawyer
Bam's lawyer argued that his client's persona, including his name, voice, picture, and likeness were being exploited to sell merchandise without his consent. This exploitation was said to be a violation of his personality and publicity rights as well as a registered trademark jointly owned by him and his company, BB Vines.
Past precedents
Court's decision deviates from previous cases
Justice Singh's decision is a deviation from the past practice of coordinate benches of the high court, which had granted protection to personality rights on the first date of hearing in several cases. Earlier, such immediate protection was granted to filmmaker Karan Johar and actors Akkineni Nagarjuna, Salman Khan, Ajay Devgn, and Hrithik Roshan, per Hindustan Times. The Bachchan family, including Amitabh Bachchan, Jaya Bachchan, Abhishek Bachchan, and Aishwarya Rai Bachchan also benefited from this practice.