The Delhi High Court on Tuesday(13 January) stepped in to protect YouTuber and actor Bhuvan Bam from the unauthorised use of his images online, but stopped short of recognising his personality rights at this early stage of the case.
Background of the Case
Bam, one of India’s most popular digital creators, approached the Delhi High Court alleging that several unknown and known entities were using his name, photographs, voice and likeness without consent. He argued that such use amounted to misuse of his identity and caused confusion among the public, especially when done for commercial gain.
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The suit was filed jointly by Bam and his company, BB Ki Vines, claiming infringement of personality rights and other intellectual property.
Court’s Observations
Justice Jyoti Singh made it clear that while the Court can act against misuse, it cannot form an opinion on personality rights on the very first day.
“The first day is not the stage to render a finding on personality rights,” the judge observed, adding, “I can give you protection against unauthorised use, but a prima facie finding on personality is not called for.”
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The Court said it would be inappropriate to declare or recognise such rights without detailed examination.
Decision
The High Court passed a John Doe order directing the removal of Bam’s images used without approval.
The takedown directions will apply not only to named defendants but also to unidentified parties, and offending links must be removed. However, the Court declined to grant any finding on Bam’s personality rights at this stage and limited relief strictly to stopping unauthorised use of his images.
The matter will now be heard on February 04.
Case Title:- Bhuvan Bam & Anr. v. Inkwynk & Ors.
