lifestyle in any projects or films without the prior permission of the
plaintiff, alleging that any such effort would infringe the personality
rights of SSR and also cause deception in the minds of the public,
which would amount to passing off. Additionally, costs and damages
were also sought.
3.
Along with the suit, the plaintiff filed IA 5697/2021, seeking an
interlocutory injunction against the defendants using SSR‘s name,
caricature, lifestyle or likeness in any films or other ventures, pending
disposal of the suit.
4.
IA 5697/2021 was dismissed by a coordinate bench of Sanjeev
Narula, J., vide judgment dated 10 June 2021. Para 43 of the said
judgment, which is of relevance, reads thus:
―43. On the aspect of irreparable loss, we may note that the suit
is not premised as a tortious action for defamation. It is founded on
the basis of breach of celebrity/publicity rights inhering to the
Plaintiff. It is thus opined that if an interim order is granted, it
would be difficult to compensate the Defendants in the event
Plaintiff ultimately does not succeed in the suit. Whereas, the
Plaintiff can always re-apply at a later juncture for injunction, if
there is a change in circumstances after the release of the said film,
and has an adequate remedy of being compensated by award of
damages, if the Plaintiff proves in trial that the celebrity/publicity
rights were inheritable and inured to him exclusively. To ensure
that, the Defendants are directed to render complete and true
accounts of the revenue earned from the films by way of
sale/licensing of all rights relating to the films.‖
5.
Aggrieved by the aforesaid judgment, the plaintiff appealed to
the Division Bench of this Court by way of FAO (OS) (COMM)
88/2021, which was disposed of, by the Division Bench, vide the
following order dated 26 July 2021:
Signature Not Verified
Signed By:KAMLA CS(COMM)
RAWAT
Signing Date:12.07.2023
10:10:24
187/2021
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