2023:DHC:2796
Appeal (Civil Division) of the U.K. in Robyn Rihanna Fenty and
Ors. v. Arcadia Group Brands Limited and Anr.
23.3. The various judgments relied upon by the plaintiffs are in the context
of
celebrity
endorsement.
Therefore,
Indian
law
recognizes
personality rights only in the context of endorsement, which is not the
issue in the present case.
23.4. The judgment of the Supreme Court in Puttaswamy (supra) was in the
context of privacy and has no application in the facts of the present
case.
SUBMISSIONS ADVANCED ON BEHALF OF THE DEFENDANT NO.2
24.
The following submissions have been made on behalf of the
defendant no.2:
24.1. Indian law recognizes the right of publicity of a celebrity to
commercially exploit their personal attributes only to the extent of
restraining false endorsements and advertisements. The right does not
extend to facts or information relating to the celebrity that are neither
personal nor private.
24.2. Article 19(1)(a) of the Constitution of India affords Striker the right to
use the aforesaid information for commercial purpose.
24.3. Striker uses only three pieces of player related content in its fantasy
game, namely, (i) player name; (ii) original artistic rendition of the
player (artwork); and, (iii) statistics arising out of a player’s
performance in real-word matches. Both the name of the player as
well as the statistics are freely available in the public domain and
Signature Not Verified
Digitally Signed By:AMIT
BANSAL
CS(COMM) 108/2023
Signing
Date:26.04.2023
Page
16 of 51 13:09:16
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