44.
Issue notice to defendant no. 2, by all modes.
45.
Let reply be filed, within a period of four weeks, from today.
46.
Rejoinder thereto, if any, be filed within a period of two weeks,
thereafter.
47.
Learned counsel appearing for defendant no. 3, i.e., Meta submits that
the URLs as available on the Instagram and listed in Schedule 1 of the
plaint, have been made inaccessible this morning.
48.
The aforesaid statement is taken note of.
49.
Having heard learned Senior Counsel for the plaintiff, this Court notes
that the plaintiff is a respected and recognised public figure and accordingly,
enjoys personality rights / publicity rights over all facets of his personality.
Thus, the plaintiff has exclusive control over the utilization of his
personality. No one can utilize and/or misappropriate and/or imitate any
facet of the plaintiff‟s personality, and/or exploit the same deceptively, or in
any manner whatsoever, without the express consent/authorization of the
plaintiff.
50.
Further, it is no more res intergra that personality rights/publicity
rights are protectable under Articles 19 and 21 of the Constitution of India,
1950.
The
plaintiff‟s
reputation,
goodwill,
name,
physical
appearance/image/likeness, voice, mannerisms, styles, signature oratorical
style, and other attributes are uniquely identifiable and associated with the
plaintiff.
The same form the plaintiff‟s “Personality”, over which the
plaintiff enjoys sole and exclusive control.
51.
Thus, misappropriation of any attribute of the plaintiff‟s personality
without his express permission for any purpose and the harm caused to the
reputation and goodwill of the plaintiff, is liable to be restrained.
Page 9 of 12
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