Delhi HC protects singer Jubin Nautiyal's personality rights but asks why celebrities don’t move local courts

The Delhi High Court on Thursday said that it will pass orders protecting the personality rights of singer Jubin Nautiyal.

Justice Tushar Rao Gedela that the directions will be issued.

"Alright, we will pass orders," the Court remarked.

Nautiyal approached the High Court, stating that several entities have been exploiting his name, voice, image, likeness and other elements of his persona without authorisation, licence or permission.

The singer 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 him.

However, during the hearing of the case, Justice Gedela questioned why Nautiyal had moved the Delhi High Court when he is based out of Uttarakhand.

The Court also noted that some of the defendants against whom Nautiyal was seeking an injunction were based in Romania and the UAE.

"What is the reason for coming here? Court in Uttarakhand can’t call them [defendants] and pass directions? Are you saying Google is not available in Uttarakhand? You have to tell us this, no? Why Uttarakhand doesn’t have jurisdiction when you yourself are located there? Is it the law that because the ministry is here, whatever will be against them, all jurisdiction, whether from Madras, Calcutta or Bombay will come here?" the Court asked.

Nautiyal's counsel said that the Department of Technology as well as the Ministry of Electronics and Information Technology (MEITY) are based in Delhi and many infringers also operate from Delhi.

Further, it was stated that many other celebrities like Vivek Oberoi also approached the Delhi High Court for the protection of personality rights.

However, the Court said that those are interim orders and they may not create a precedent.

"They are all Order 39, Rules 1 and 2 orders. Will that create a precedent?" Justice Gedela asked.

In the end, he said that he will pass orders protecting Nautiyal's rights.

"We will pass orders," the judge said.