Veteran actor and Lok Sabha MP Shatrughan Sinha recently approached the Bombay High Court seeking protection of his personality rights. In his plea, he alleged rampant online misuse of his name, image and his iconic dialogue `Khamosh`, which featured in the film Vishwanath. He also claimed damages of Rs 20 crores or payment of profits.
Shatrughan Sinha moves Bombay HC
Justice Sharmila Deshmukh on Monday reserved her order on Sinha`s plea seeking an interim injunction. Invoking his right to privacy under Article 21 of the Constitution and the performers’ rights under the Copyright Act, the actor claimed that his performances are being modified in a manner that is prejudicial to his reputation.
During the pendency of the suit, the actor asked for a temporary injunction from the Bombay HC restraining John Doe parties from using his name, persona and mannerisms. Shatrughan Sinha also asked for a temporary injunction to stop passing off through the sale of unauthorised merchandise.
About the lawsuit
The suit was filed through his son Luv Sinha, against unknown parties and global tech companies, including Meta, X (formerly Twitter), Google, e‑commerce sites, bloggers, the Ministry of Electronics and Information Technology as well as the Union Department of Telecommunication. In his plea, he sought a permanent injunction against parties from using his name, voice, mannerisms, signature dialogue ‘Khamosh’ and his overall persona from commercial exploitation without his consent.
Shatrughan has also claimed damages of Rs 20 crores or payment of profits earned from the use of this persona. Advocate Hiren Kamod, who represented Sinha, argued that over the years, the veteran actor has created considerable goodwill and commercial value in his persona. However, he informed court that unknown individuals as well as various platforms are misappropriating his goodwill by creating fake social media profiles, sharing caricatures using clips of his performance, and also selling merchandise with his image and catchphrase.
These acts often mislead the public into believing that the Vishwanath actor is associated with the goods or content, and taint his reputation by association with unsavoury humour, depriving him of control over the context in which his persona is used, Kamod added.
