Delhi High Court to grant stay on misuse of Salman Khan name, photos for sale of commercial merchandise
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Khan approached the High Court seeking directions against several entities to restrain them from unauthorisedly using his personality rights.
Justice Manmeet Pritam Singh Arora also said that she herself will pass stay orders against those defendants who have been misusing Khan's name, photos and other personality attributes for sale of commercial merchandise.
"Defendants 2,4,6 to treat the plaint complaint under IT Intermediaries Rules and notice was issued to them. Action is to be taken in 3 days. Defendant 2 who is allegedly violating the trademark is directed to take into consideration the IP rights before taking its decision. I will pass stay orders on defendants on commercial merchandise," the Court said.
Khan approached the High Court seeking directions against several entities, including unknown (John Doe) defendants to restrain them from unauthorisedly using his personality rights.
His counsel, Senior Advocate Sandeep Sethi, told the Court today that Apple, AI chatbot, few e-marketplaces and RedBubble have allowed infringement of Khan's personality rights.
He also objected to certain fan accounts using his photoshopped pictures.
"What is your issue with fan accounts?" the Court asked.
"It is my registered trademark. They use photoshopped photos, these are not my real photos," Sethi said.
The Court then asked an intermediary about its policy when a person flags violation of personality rights through merchandise being sold online.
"If the party directly writes to you to say that his personality rights are being violated because there is merchandise on your website which is not authorized, what's your policy?" it asked.
"These links are already inactive. We act on orders. It is case to case, there is no policy in place, but we do it," the counsel for the intermediary replied.