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Delhi High Court orders removal of unauthorised images of Bhuvan Bam; no orders on personality rights

Justice Singh explained that a court cannot give a prima facie finding on personality rights on the first date of hearing.

Prashant Jha

The Delhi High Court on Tuesday passed orders directing the removal of YouTuber Bhuvan Bam's images uploaded online without his approval.

Justice Jyoti Singh said that the order of takedown of images shall apply to John Doe parties (unnamed defendants), and offending links will also be removed. However, the Court said that it will not pass any orders on Bam's personality rights.

Justice Singh explained that a court cannot give a prima facie finding on personality rights on the first date of hearing.

"I have a different view on that [personality rights]. On the first day, I can’t render a finding on personality...I am of the view that this finding of personality on the first date is not called for...No one can render a prima facie finding on personality rights is how I see it," the Court said.

Justice Jyoti Singh

Bam is among India’s most prominent digital content creators, with over 26.6 million subscribers on YouTube and a massive following across platforms such as Instagram and X (formerly Twitter).

He has filed a suit for personality rights infringement, arguing that several entities have been exploiting his name, voice, image, likeness and other elements of his persona without authorisation, licence or permission.

The YouTuber claimed that such acts amount to infringement of his personality and publicity rights, as well as violation of registered trademarks, copyrights and other intellectual property jointly owned by the two plaintiffs.

Bam and his company BB Ki Vines argued that they have acquired distinct recognition among the public and that unauthorised commercial use by third parties is likely to cause confusion and deception.

Advocates Saurabh Seth, Shantanu Agarwal, Chandreyee Maitra, Allaka Malikayil, Raghav Thareja, Neelampreet Deol, Abhiroop Rathore and Kabir Deol appeared for Bam.

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