Delhi High Court Protects boAt Co-Founder Aman Gupta's Personality Rights From Online Misuse

The Delhi High Court has passed an ex-parte ad-interim injunction restraining multiple entities from unauthorised use of Aman Gupta's name, voice, image, likeness, and persona, including through AI and deepfake technology.

“The manner in which the defendants are exploiting his name, voice, persona, slogans, registered trade marks of the plaintiff positively assert the underlying fact of plaintiffs' personality which are exclusive to him and none else. At this stage, these qualities and the aforesaid attributes are sufficient for the Court to prima facie reach an opinion that the registered trade marks and the personality rights of the plaintiff are being infringed.”, the court observed.

Justice Tushar Rao Gedela held that Aman Gupta had made out a prima facie case of infringement of both his registered trademarks and personality rights.

Gupta, boAt Lifestyle co-founder and Shark Tank India investor, alleged widespread misuse of his persona across digital platforms, including fake speaker booking listings, unauthorised merchandise bearing his registered trademarks, impersonation on Instagram, AI chatbot impersonation, publication of purported contact details, and sexually explicit content using his likeness.

The court noted that sexually explicit material depicting Gupta required urgent intervention.

“It goes without saying that the sexually explicit material/videos created by the defendants using the personality traits and attributes of the plaintiff, surely is an aspect which needs immediate and urgent consideration by the Court whether the same are predicated on personality rights or not.”

The court added that such material could be aimed at “unlawful financial gains and resulting in unjust enrichment.”

Gupta told the court he owns registered trademarks over the phrases “Hum Bhi Bana Lenge” and “DOWN, BUT NOT OUT!”

The court restrained John Doe (unknown) entities and operators of event-booking websites, e-commerce listings, social media accounts, chatbot services, GIF platforms, contact-information websites and other entities arrayed in the suit from using Gupta's name, likeness, image, voice, photographs, videos, GIFs, contact details, or any aspect of his persona without express written authorisation, including through AI or deepfake technology.

They were also restrained from infringing his trademarks, passing off goods or services as associated with him, and creating or sharing content exploiting his identity.

Three entities accused of hosting obscene or sexually explicit content depicting Gupta were specifically restrained from hosting, publishing, or making available morphed or AI-generated deepfake material featuring him.

Intermediary platform defendants were directed to immediately take down the URLs identified by Gupta and disclose mobile numbers, user IDs, email IDs, and other available information relating to operators of identified accounts.

The court also granted a dynamic injunction, permitting Gupta to notify the intermediary platform defendants of newly discovered infringing websites for prompt action, while granting liberty to seek impleadment of newly identified infringers before the Joint Registrar (Judicial).

The matter is listed before the Joint Registrar (Judicial) on August 3 for completion of service and pleadings and before the court on October 1.