Delhi High Court grants interim protection to Aman Gupta over personality rights misuse

The Delhi High Court granted interim protection to entrepreneur Aman Gupta, restraining misuse of his personality rights, trademarks and image through fake accounts, merchandise and AI-generated content. The court ordered removal of infringing material and protection against impersonation online.

New Delhi: The Delhi High Court has granted interim protection to entrepreneur and “Shark Tank India” judge Aman Gupta, restraining multiple entities from allegedly exploiting his personality rights, trademarks, voice, image, and other distinctive attributes through unauthorised merchandise, AI-generated content, fake social media accounts, and misleading commercial listings.

A single-judge Bench of Justice Tushar Rao Gedela passed the ex parte ad interim injunction in a commercial suit filed by Gupta against several defendants, including unidentified John Doe entities, after observing prima facie infringement of his personality and publicity rights.

---

In its order, the Delhi High Court noted allegations relating to unauthorised commercial endorsements, fake event booking listings, sale of merchandise bearing Gupta’s slogans and likeness, AI-based chatbot impersonation, circulation of objectionable and pornographic content, and fake Instagram profiles using his identity.

Gupta, co-founder of boAt and founder of OFF/BEAT, claimed that his name, image, likeness, voice, mannerisms, and registered slogans such as “Hum Bhi Bana Lenge” and “Down, but not out” had acquired substantial goodwill and commercial value through his entrepreneurial ventures, media appearances, and public recognition.

Justice Gedela observed that Gupta has developed a substantial public profile as an entrepreneur, investor, public speaker, and television personality through his association with “Shark Tank India” over the last five seasons. The order stated that the material placed on record showed widespread misuse of Gupta’s persona and trademarks across digital platforms.

“The manner in which the defendants are exploiting his name, voice, persona, slogans, registered trademarks of the plaintiff positively assert the underlying fact of the plaintiff’s personality, which are exclusive to him and none else,” the Delhi High Court said.

It added that sexually explicit and AI-generated deepfake material allegedly created using Gupta’s identity required urgent judicial 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,” Justice Gedela observed.

The Delhi High Court restrained the defendants from misusing or exploiting Gupta’s name, image, voice, videos, GIFs, contact details, or any aspect of his persona without authorisation, including through AI and deepfake technologies.

It also restrained the defendants from infringing Gupta’s registered trademarks and from passing off goods or services as being endorsed or associated with him. Further, Google LLC and other platform-related defendants were directed to remove or block identified infringing content and disclose details relating to certain allegedly impersonating accounts identified in the complaint.

The order also granted Gupta liberty to notify platforms regarding newly discovered infringing websites and online accounts during the pendency of the suit, following which platforms were directed to suspend or lock such domain names and URLs upon receipt of supporting evidence.

The matter has been listed before the Joint Registrar on August 3 for completion of pleadings and before the Delhi High Court on October 1.