Can’t misuse Anil Kapoor’s persona, catchphrase ‘jhakhaas’, HC says

The High Court on Wednesday restrained the misuse of the name, image, voice, and other attributes, including the catchphrase ‘jhakaas’ of Bollywood actor Anil Kapoor, for commercial gain.

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The High Court on Wednesday restrained the misuse of the name, image, voice, and other attributes, including the catchphrase ‘jhakaas’ of Bollywood actor Anil Kapoor, for commercial gain. The interim order barred various social media channels, e-commerce websites, and entities engaged in selling merchandise or creating AI-generated videos from infringing on the publicity rights of the Bollywood actor.

The court order came on a lawsuit filed by the Bollywood actor seeking to restrain various entities, both in India and abroad, from exploiting or misappropriating the unique and identifiable attributes of the actor.

Mr. Kapoor, in his plea, contended that certain entities are making use of artificial intelligence, such as machine learning algorithms and deepfake technology, to create images and audio-video clips of him which are not in good taste. The plea said the deepfake videos of Mr. Kapoor generate revenues for such entities, as they are uploaded and streamed on YouTube.

Justice Prathiba M. Singh remarked that Mr. Kapoor has made out a prima facie case in his favour and that his name, persona, and likeness have to be protected not only for their own sake but for the sake of his family members who do not want to see his name being tarnished.