The Delhi High Court has granted an interim injunction against the unauthorised use of journalist Rajat Sharma’s image and the ‘India TV’ trademarks, reported Bar and Bench. The court’s decision, delivered on December 18, comes in response to a case filed by Sharma against individuals and entities exploiting his persona and India TV’s intellectual property for commercial gain.
Sharma had accused various parties of using his image and the India TV brand to promote unapproved products, including purported drugs for diabetes, prostatitis, and joint pain, the report said. He claimed that these infringers falsely represented that the drugs were formulated by renowned doctors or certified by the government.
Justice Amit Bansal, who presided over the case, acknowledged that Sharma and India TV had presented a prima facie case in their favour. “A prima facie case is made out in favour of the Plaintiffs and against the Defendants. Balance of convenience is also in favour of the Plaintiffs and against the Defendant. Irreparable injury would be caused to the Plaintiffs if the Defendants are allowed to continue posting the aforesaid infringing posts/videos,” the court said.
The court’s ruling includes several key directives, notably restraining the defendants from using Rajat Sharma’s name, likeness, or persona, including through AI technology. It also prohibited the unauthorised use of India TV’s registered trademarks for commercial purposes and ordered the removal of infringing content from platforms like Meta.
In addition to removing the content, the court mandated Meta Platforms to disclose the identities of those responsible for the infringement.
Advocate Saikrishna Rajagopal, representing Sharma and India TV, argued that Sharma is a well-known journalist and public figure, recognised for his significant contributions to Indian journalism, including his roles on popular TV shows such as Aap Ki Adalat and Aaj Ki Baat.
Rajagopal emphasised that the defendants had used AI-generated content to mislead the public into believing that Sharma was endorsing fraudulent health remedies, thus misappropriating his personality rights and risking harm to his reputation.
Rajagopal further argued that the defendants had unlawfully used India TV’s copyrighted content, including the trademarked ‘India TV’ branding and footage from its shows, particularly Aaj Ki Baat. He claimed that the defendants circulated doctored videos and false claims, undermining both Sharma’s credibility and India TV’s goodwill.
The court, agreeing with the arguments presented, passed an order that effectively safeguarded Sharma’s personality rights and the intellectual property rights of India TV.
Advocates Disha Sharma, Snehima Jauhari, and Deepika Pokharia also appeared alongside Saikrishna Rajagopal in support of Sharma and India TV.
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(Edited by : Shoma Bhattacharjee)
