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High Court

Delhi high court refuses to restrain Parle from using the trademark ‘For The Bold’

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Mumbai: The Delhi high court on 18 September 2023 refused to restrain Parle from using the trademark ‘For the Bold’ on its products in a suit filed by PepsiCo. PepsiCo had sought to restrain Parle from using PepsiCo’s registered trade mark ‘For the Bold’ on its products. In response, Parle challenged the validity of PepsiCo’s trademark ‘For the Bold’ and sought framing of the issue of invalidity of PepsiCo’s trade mark.

The Delhi high court while allowing the aforesaid plea of Parle raising the issue of invalidity, rejected the prayer of PepsiCo to restrain Parle from using the trademark ‘For the Bold’ on its products. However, it has directed Parle to not use the tagline ‘For The Bold’ as the predominant part of its advertising campaign and not to alter the label on its “B Fizz” bottle without prior approval of the court.

Ankur Sangal, Pragya Mishra and Shashwat Rakshit from Khaitan & Co appeared for Parle.

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High Court

Bombay HC likely to protect Kartik Aaryan’s personality rights

Actor seeks Rs 15 crore damages over AI misuse, deepfakes and merch

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MUMBAI: In an age where faces can be faked and voices cloned, even stardom needs legal armour. The Bombay High Court has indicated it will pass an order safeguarding the personality and publicity rights of Bollywood actor Kartik Aaryan, following allegations of widespread digital misuse of his identity.

The matter, heard by Justice Sharmila U. Deshmukh, centres on a plea filed by Aaryan seeking a broad John Doe injunction against 16 defendants, including e-commerce platforms, social media intermediaries and unidentified entities. The court noted the concerns raised and said appropriate orders would be issued.

At the heart of the case lies the growing threat of artificial intelligence-driven impersonation. Aaryan’s petition flags multiple instances of deepfake content circulating across platforms such as YouTube and Instagram, where his likeness has allegedly been used to create fabricated videos, including false romantic link-ups and objectionable scenarios designed to drive engagement.

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In one particularly alarming example, the actor’s legal filing cites AI-generated visuals that falsely associate him with controversial global figures, including Jeffrey Epstein. The plea argues that such content not only misleads audiences but also causes serious reputational damage.

The concerns extend beyond content to commerce. The suit alleges that unauthorised merchandise bearing Aaryan’s name and image is being sold across platforms such as Amazon, Flipkart and Redbubble, without his consent. Additionally, the actor has raised red flags over AI-powered chatbots that mimic his voice and simulate conversations, warning of potential misuse in fraudulent activities.

Aaryan’s filing underscores that he is the registered proprietor of the trademark “Kartik Aaryan”, with his name, voice and likeness carrying significant commercial value. The unauthorised use of these attributes, the plea states, leads to “immediate and irreparable harm” to his goodwill.

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Seeking both preventive and punitive relief, the actor has requested a permanent injunction restraining entities from exploiting his identity in any form be it name, voice, signature or distinctive dialogue style. He has also sought damages amounting to Rs 15 crore for alleged commercial misappropriation and reputational loss.

The case highlights a larger legal and cultural moment, where the lines between reality and replication are increasingly blurred. As AI tools become more accessible, courts are now being called upon to define the boundaries of identity in the digital age, where a face may be famous, but control over it is no longer guaranteed.

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