New Delhi: The Delhi High Court on Thursday said that it will pass an interim order protecting the personality and publicity rights of entrepreneur and Shark Tank India judge Aman Gupta in a suit alleging widespread unauthorised commercial exploitation of his identity across digital platforms.
A single-judge Bench of Justice Tushar Rao Gedela indicated that it would pass an interim order after hearing submissions in the matter filed by Gupta, co-founder of electronics brand boAt Lifestyle.
Senior Advocate Diya Kapur, instructed by Advocate Nakul Gandhi, appeared on behalf of Gupta and placed before the Delhi High Court a compilation of the allegedly infringing content as well as copies of previous judicial orders passed in personality rights cases.
During the hearing, Kapur referred to several categories of allegedly infringing content, including fake commercial endorsements, unauthorised event-booking services, the sale of merchandise under Gupta’s name and registered catchphrase “Hum Bhi Bana Lenge”, AI chatbots impersonating him, and the circulation of vulgar or objectionable content linked to his identity.
The suit, filed before the Commercial Division of the Delhi High Court, alleges “widespread, systematic and unauthorised commercial exploitation” of Gupta’s personality, publicity and trademark rights by unknown persons as well as various digital intermediaries and online platforms.
According to the plaint, Gupta — a prominent entrepreneur, investor and public figure — has acquired substantial goodwill and commercial value in his name, image, likeness, voice, mannerisms and distinctive catchphrases, including the registered trademarks “Hum Bhi Bana Lenge” and “Down, But Not Out!”.
The plea contends that multiple entities and unidentified persons have been creating and circulating AI-generated and manipulated content using Gupta’s likeness without consent, falsely portraying association or endorsement by him for commercial gain.
The suit further alleges that several third-party platforms were offering fraudulent event booking and speaking engagement services in Gupta’s name without authorisation, thereby misleading the public into believing that such listings were genuine.
It has also been claimed that unauthorised merchandise, including apparel, posters, perfumes and other products bearing Gupta’s name, likeness and popular taglines, was being sold across e-commerce and online platforms.
Gupta has contended that various AI chatbot services and fake social media accounts are impersonating him and falsely presenting themselves as authorised or affiliated with him or boAt, thereby misleading users and consumers.
The plaint additionally raises grievance over certain websites allegedly using Gupta’s name in connection with pornographic clickbait content to attract online traffic, causing reputational harm and creating false associations with explicit material. According to the suit, the acts complained of amount to infringement of registered trademarks under the Trade Marks Act, 1999, passing off, violation of personality and publicity rights, unlawful commercial appropriation of goodwill and deception of the public through false endorsement.
The plea states that the continued misuse of Gupta’s persona has caused irreparable reputational and commercial harm and seeks urgent injunctive relief against the defendants, including unknown persons, intermediaries, social media platforms and e-commerce entities.
The case adds to a growing list of high-profile personality rights disputes before the Delhi High Court involving alleged misuse of celebrity identities through AI-generated content, deepfakes and unauthorised commercial exploitation online.
(IANS)
