Personality Rights Protected: Delhi HC Stops Unauthorised Junior NTR Products

The Delhi High Court has stopped the sale of unauthorised merchandise that uses the name, image, and likeness of Telugu actor Nandamuri Taraka Rama Rao Junior, popularly known as Junior NTR.

The Court passed this order after noting that Junior NTR is a well-known celebrity in India and enjoys personality rights over his name, image, and other identifiable features. These rights prevent others from using his identity for commercial purposes without permission.

Justice Manmeet Pritam Singh Arora observed that personality rights protect a celebrity’s identity, including their name, image, and likeness. The Court held that using these elements on merchandise without consent amounts to infringement and the actor is entitled to seek an injunction against such misuse.

As part of the order, the Court directed online marketplaces to immediately take down links selling infringing merchandise and to stop facilitating their sale. The Court also clearly stated that e-commerce platforms cannot take a “hands-off” approach when such complaints are raised.

The Court criticised the stand taken by platforms like Amazon, Flipkart, Meesho and Shopsy, which argued that they cannot act unless there is a specific court order. The Court clarified that when a rights holder makes a direct complaint about infringement, these platforms cannot simply rely on safe harbour protection.

The High Court has now directed all concerned e-commerce platforms to submit their internal policies for dealing with complaints related to trademark and copyright infringement, unauthorised use of a person’s image or likeness, and sale of infringing merchandise.

The matter will be heard next on May 19.