Bombay High Court restrains lawyer Sonu Nigam Singh from impersonating singer Sonu Nigam on X

The Bombay High Court on Friday passed an ex-parte order restraining an X (formerly Twitter) account from misrepresenting itself as renowned playback singer Sonu Nigam [Sonu Nigam v Sonu Nigam Singh]..Justice RI Chagla granted ad interim relief while hearing a petition filed by Sonu Nigam who alleged violation of his personality rights by an account operated by a person named Sonu Nigam Singh."In my prima facie view, the Defendant No. 1’s use of the Plaintiff’s name “ "Sonu Nigam” as his display name on his social media account is causing misrepresentation and amounts to the tort of passing off and the same is liable to be injuncted," the Court observed. It clarified that the defendant Sonu Nigam Singh is free to display his full name on the X handle."It is clarified that the Defendant No. 1 is free to use the whole name “Sonu Nigam Singh” in respect of his social media account on ‘X’ which does not cause misrepresentation or confusion or deception amongst the members of the general public," the Court said..The Court further reiterated that while the right to freedom of speech and expression is constitutionally protected, it is not without limits and must be exercised with regard to the rights of others, particularly the right to privacy.Referring to the plaintiff’s status as a public figure, the Court underscored that celebrity status does not dilute an individual’s fundamental rights under Article 21 of the Constitution.“The Plaintiff’s right to privacy which includes a ‘right to be let alone’ is protected by Article 21 of the Constitution of India. In my view, even though the Plaintiff is a celebrity, as a citizen of this country the Plaintiff is entitled to safeguard the privacy of his own and his family and to prevent the publication of any content in the media / social media which violates this right,” the Court stated..The singer approached the court after Sonu Nigam Singh, who claims to be criminal lawyer from Bihar, made several communal and politically charged posts on his X handle using the name “Sonu Nigam.”According to the petition, Singh’s online activity gave the impression that these posts were made by the singer, resulting in backlash and hate directed toward both him and his family.Appearing for the singer, advocate Hiren Kamod submitted that Singh misrepresented himself as the singer and posted controversial content without clarifying that he was not the artist. Kamod highlighted fourteen specific instances where Singh had either made communal remarks or responded to posts in a way that reinforced the false identity.One such post targeted BJP MP Tejasvi Surya, stating, “Don't dub Kannada movies in Hindi! Don’t release Kannada movies pan-India! Do you have the guts to say this to Kannada film stars, Mr. @TejasviSurya, or are you just another language warrior?”.Kamod also pointed out that Singh accepted praise and compliments clearly intended for the singer, again without any clarification. He further cited instances where Singh posted derogatory remarks about the Royal Challengers Bengaluru cricket team after their Indian Premier League championship win.While there may not be any evidence of commercial gain, Kamod argued that Singh had benefited socially and reputationally by exploiting the singer’s name, amassing over 90,000 followers on X. These followers include prominent public figures such as Prime Minister Narendra Modi and former minister Smriti Irani. Kamod emphasised that the misrepresentation has led to sustained online hate directed at the singer and his family. “Because of Sonu Nigam Singh replying to the posts… Look at the hate Sonu Nigam is getting. Absolute chaos, My Lord. This is what the plaintiff is facing every day since August 2024,” he submitted..Notably, Nigam had quit Twitter in 2017, weeks after the suspension of his colleague and fellow singer Abhijeet Bhattacharya’s account, citing the one-sidedness of the platform.Although Sonu Nigam has not registered his name as a trademark, Kamod argued that under established legal precedents, a name can acquire trademark status through public recognition even without commercial use. He contended that Singh, despite sharing the name, cannot use 'Sonu Nigam' in a manner that misleads the public.After considering the submissions, the Court restrained Singh from continuing to misrepresent himself as the singer and directed him to use his full name, Sonu Nigam Singh, as the display name on his X account."Pending the hearing and final disposal of this Suit, the Defendant No. 1, by himself and / or any person / entity claiming through him are restrained from using the impugned display name / account name “Sonu Nigam” per se on social media platforms.", the court ordered.The order will operate till August 5 and the court will hear the petition next on August 4..Advocate Hiren Kamod with advocates Janay Jain, Monisha Mane, Chandrajit Das and Prem Khullar instructed by Parinam Law Associates appeared for Singer Sonu Nigam.[Read Order]