Delhi High Court restrains misuse of personality rights and IP of Rajat Sharma, India TV

The Delhi High Court on December 18 issued an interim injunction against individuals and entities misusing journalist Rajat Sharma's image and INDIA TV's trademarks to promote businesses (Rajat Sharma Vs Tamara Doc & Ors).Sharma had alleged unauthorised use of his persona and "India TV" trademarks, alongside exploitation of copyrighted content specifically by persons and entities to promote purported drugs for diabetes/ prostatitis/ joint pain etc. He alleged that the infringers claimed that such drugs were formulated by certain eminent doctors or certified by the government..Justice Amit Bansal said that a prima facie case was made out in favour of Sharma and India TV. “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 also issued an order restraining the defendants from exploiting Rajat Sharma's name, likeness, or persona through any means, including the use of AI technology.It also prohibited the unauthorized use of the registered trademarks of "India TV" for personal or commercial purposes, as well as the sharing or hosting of copyrighted content belonging to the plaintiffs. Additionally, Meta Platforms was directed to remove specific infringing content and disclose the identities of those responsible..Advocate Saikrishna Rajagopal, who appeared for Sharma and India TV contended that he is renowned journalist and public figure, known for his contributions to Indian journalism. He highlighted Sharma’s role as being the face of popular TV shows such as "Aap Ki Adalat" and "Aaj Ki Baat," and his reputation for credibility and trustworthiness.He contended that defendants used AI-generated content to misrepresent Sharma as endorsing fraudulent remedies for health conditions like diabetes and joint pain. This, according to him, posed a grave misuse of Sharma personality rights, risking reputational harm and misleading the public.Saikrishna Rajagopal further contended that the defendants were also using the trade mark and copyrighted materials of Independent News Service Pvt. Ltd. which is "India TV" branding. He claimed exclusive copyright over its broadcasts and accused the defendants of unauthorised use of its shows like "Aaj Ki Baat.” According to hi, the defendants’ actions reportedly included circulating doctored videos and false claims, tarnishing the plaintiffs’ goodwill. .The court found merit in his contention and passed an order protecting Sharma’s personality rights and India TV’s trademark.Advocates Disha Sharma, Snehima Jauhari and Deepika Pokharia appeared with Saikrishna Rajagopal for Sharma and India TV..Read Order