Khamosh! Shatrughan Sinha moves Bombay High Court for protection of personality rights

Actor and Lok Sabha MP Shatrughan Sinha has approached the Bombay High Court seeking protection of his personality rights, alleging rampant online misuse of his name, image and his iconic dialogue “Khamosh” (silence!) [Shatrughan Prasad Sinha v. John Doe, Meta, & Ors.].Justice Sharmila Deshmukh today reserved her order on Sinha's plea for interim injunction..Invoking his right to privacy under Article 21 of the Constitution and the performers’ rights under the Copyright Act, Sinha alleged that his performances are being modified in a manner prejudicial to his reputation. During the pendency of the suit, Sinha prayed for a temporary injunction restraining John Doe parties from using his name, persona and mannerisms. He also sought a temporary injunction to prevent passing off through sale of unauthorized merchandise. .The suit, filed through his son Luv Sinha, is against unknown parties and global tech companies, including Meta, X (formerly Twitter), Google, e‑commerce sites, bloggers, the Ministry of Electronics and Information Technology and the Union Department of Telecommunication. Sinha has sought a permanent injunction against parties from using his name, voice, mannerisms, signature phrase ‘Khamosh’ and overall persona from any commercial exploitation without his consent. He has claimed damages of ₹20 crores or payment of profits earned from the use of this persona. .Advocate Hiren Kamod, appearing for Sinha, argued that over the years, the actor has created substantial goodwill and commercial value in his persona. However, unknown persons and various platforms are misappropriating the goodwill by creating fake social media profiles, circulating caricatures using clips of his performance, and selling merchandise with his image and catchphrase, the Court was told.These acts mislead that public into believing that the actor is associated with the goods or content, tarnish his reputation by association with unsavory humour and deprive him of control over the context in which his persona is used, Kamod added..Kamod was briefed by team from IndiaLaw LLP including advocates Nidhi Singh, Abha Shah and Amisha Upadhyay..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.