Stop saying 'Bhidu'! Jackie Shroff moves Delhi HC, seeks protection for personality and personal rights

In Pic: Jackie Shroff

Jackie Shroff has his own trademark style; the way the actor meets, talks, and walks has its own fan base. But now, it looks like people are using it against the actor. Jackie Shroff has approached the Delhi High Court to seek protection of his personality and publicity rights. The suit has been filed against various entities using his name, photographs, voice, and the word "Bhidu" without his consent.

Through this suit, actor Jackie Shroff seeks direction to protect the Plaintiff's name, voice, image, likeness, and all other elements of the Plaintiff's persona which are distinctive, and the unauthorized use by third parties is likely to create confusion and deception among the public. The bench of Justice Sanjeev Narula issued a summons on the actor's suit, stating it will consider the case tomorrow on the interim injunction application.

The actor seeks a permanent injunction restraining the defendants from infringing the Plaintiff's personality rights and publicity rights by the use of the Plaintiff's name 'Jackie Shroff', 'Jackie', 'Jaggu Dada', 'Bhidu' voice, image, and any other attribute which is exclusively identifiable with him for any commercial or personal gain.

ANI further reported that the plea has also asked the court to pass a decree of permanent injunction restraining Defendant Bhidu Shawarma restaurant and its associates, servants, agents, affiliates, holding companies, and representatives from infringing the Plaintiff's registered trademark by using the same as part of its trade name 'Bhidu Shawarma & Restaurant' or any other trade name/trademark which is deceptively similar to the Plaintiff's registered trademark numbers.

The suit also pertains to the violation of the Plaintiff's moral rights in his performances conferred upon him by section 38B of the Copyright Act, 1957. The Plaintiff, as an actor, has acted in many cinematographic films and thus enjoys moral rights in his performances in such films and is entitled to restrain any third party from distorting, mutilating, or making other modifications to his performance that are prejudicial to his reputation.

In the context of the claims in the present proceedings, the Defendants are extracting clips of movies or other cinematographic works which contain performances of the Plaintiff, for creation, communication of graphic/interchange formats (GIFs), etc.

The suit states that Plaintiff has not been informed before the creation and dissemination of such GIFs, nor has his consent been sought or secured. The Defendants, by reproducing clips containing Plaintiff's performance, and that too in a manner which brings disrepute to the Plaintiff and makes him the subject of unsavoury humour, are violating his moral rights in his performances.

The misappropriation of any attribute of the Plaintiff's persona without his express permission for a commercial purpose is liable to be restrained not only based on the traditional conception of publicity rights namely the exclusive right to commercially exploit one's persona but also based on the tort of dilution, more particularly tarnishment.

This is not the first time when an actor has moved to court and has asked for restraint on the unauthorized use of their personality. Earlier, Anil Kapoor's personality or name was for commercial purposes. In the year 2022, Amitabh Bachchan also moved the Delhi HC against the illegal use of his voice and image. On the work front, Jackie Shroff was recently seen in the blockbuster "Jailer" alongside Rajinikanth and Mohanlal. He will be next seen in 'Baby John' starring Varun Dhawan, Keerthy Suresh, and Wamiqa Gabbi.

(With Inputs ANI)