The Bombay High Court indicated takedown of online content violating Kartik Aaryan personality rights including unauthorized commercial use of name image. Justice Sharmila Deshmukh to pass order after counsel flagged scandalous material and misuse for merchandise and digital exploitation
MUMBAI: The Bombay High Court indicated that it would direct takedown of online material infringing Bollywood actor Kartik Aaryan’s personality rights, including alleged unauthorized commercial use of his name and image in the digital space.
Justice Sharmila Deshmukh said she would pass an order to this effect.
The development followed submissions by Aaryan’s counsel, Senior Counsel Birendra Saraf, who flagged certain content that he alleged was either scandalous or amounted to commercial exploitation, including for the purpose of selling merchandise.
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Saraf said,
“I want that order which your Ladyship has considered earlier, that upon my pointing out to them, they will remove it. I don’t want them to do a suo motu enquiry or something. I will keep informing them whatever I come to know and they can remove it. He is a prominent actor, even his name has a trademark. There are images being used to sell merchandise. There is artificial intelligence created videos. Some of these are quite bad and some of them are just affecting his personality. Some of them are scandalous,”
After hearing Saraf, Justice Deshmukh stated that she would issue appropriate orders in Aaryan’s favour.
Aaryan’s lawsuit has named several Indian and foreign e-commerce and social media platforms, along with unspecified “John Doe” defendants, whom he claims are exploiting his persona online.
In his petition, Aaryan alleged that his name, image, and likeness are being used on unauthorized merchandise, advertisements, and other digital content without his consent thereby allegedly violating his publicity and privacy rights.
The actor sought a permanent injunction restraining the defendants from using his photographs, videos, voice, or any other personality attributes for trading, promotion, or endorsements, including through artificial intelligence tools and deepfakes. He also requested directions to online intermediaries and government authorities to remove content that infringes his personality rights and to disclose the identities of anonymous wrongdoers.
In addition to Saraf, advocates Ameet Naik and Madhu Gadodia appeared for the actor.
Case Title: Kartik Aaryan v. Vinsm Globe Private Limited & Ors.
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