The Delhi High Court has granted an interim injunction in favor of entrepreneur and boAt co-founder Aman Gupta, protecting his personality and publicity rights against unauthorized use. The court’s order restrains third parties from exploiting Gupta’s name, image, voice, and catchphrases, specifically addressing emerging threats such as AI-generated deepfakes and chatbot impersonations.
The lawsuit was filed by Aman Gupta, a prominent figure in the Indian startup ecosystem and a judge on the popular television show Shark Tank India. Gupta sought legal intervention against several entities and individuals for the unauthorized commercial exploitation of his persona. On May 7, the court passed an interim order to prevent the infringement of his personality rights and registered trademarks, citing the misuse of his likeness across digital platforms and physical merchandise.
Aman Gupta alleged that various third parties were infringing upon his personality rights through several unauthorized activities. According to the lawsuit, these entities were:
- Selling merchandise featuring his exclusive catchphrases and slogans.
- Deploying AI-based chatbots that impersonate his voice and persona.
- Listing events that falsely portrayed him as a guest.
- Circulating his purported contact details and publishing pornographic links and GIFs associated with his name.
- Impersonating him on social media platforms like Instagram.
The plaintiff argued that his name, voice, and persona hold significant commercial value and that the unauthorized use by third parties constitutes an infringement of his publicity rights.
Presiding over the case, Justice Tushar Gedela observed that in a relatively short career, Gupta has achieved milestones that have “entrenched him in the industry.” The court noted that certain entities were actively exploiting his name, voice, persona, and slogans, as well as registered trademarks that belong exclusively to him.
The court found it necessary to pass immediate directions to prevent further infringement. In its order, the court restrained the defendants from “misusing or exploiting the plaintiff’s name, likeness, image, voice, photos, videos, GIF, contact details, or any aspect of the plaintiff’s persona, without express written authorisation.”
Crucially, the injunction explicitly covers modern technological threats, prohibiting exploitation through “AI, deepfake technology, or any medium.”
Furthermore, the court issued the following directions:
- Content Takedown: Online platforms, including Meta and Google, have been directed to take down the specific infringing content flagged in the lawsuit.
- Identity Disclosure: The platforms are required to disclose details of the alleged offenders.
- Trademark Protection: The defendants are restrained from infringing on Gupta’s registered trademarks related to his catchphrases.
This order follows a growing trend of public figures approaching the Delhi High Court to safeguard their personality rights. The court has previously granted similar interim relief to actors Aishwarya Rai Bachchan, Abhishek Bachchan, Salman Khan, Sonakshi Sinha, Vivek Oberoi, Allu Arjun, and cricketer Gautam Gambhir. Other figures such as Art of Living founder Sri Sri Ravi Shankar, journalist Sudhir Chaudhary, and politicians Shashi Tharoor and Pawan Kalyan have also secured similar protections.
