Madras HC Bans Unauthorized Use of Kamal Haasan’s ‘Ulaganayagan’ Title and Image on Merchandise
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In a landmark move for intellectual property and celebrity rights in India, the Madras High Court has intervened to protect the persona of legendary actor and Rajya Sabha MP Kamal Haasan.
The Legal Battle Against "Neeye Vidai"
The legal proceedings began when Kamal Haasan approached the court after discovering that a private company in Chennai, Neeye Vidai, was selling merchandise without his consent.
A "John Doe" Order to Tackle Modern Threats
Recognizing the complexities of the digital age, Justice Senthilkumar Ramamoorthy passed a "John Doe" order.
Physical Merchandise: T-shirts, apparel, and other commercial goods.
Digital Manipulation: AI-generated deepfakes and morphed images used for commercial gain.
Brand Identifiers: The use of his voice, signature, and screen names like "Ulaganayagan."
The court noted that there was a "strong prima facie case" suggesting that the actor’s personality rights were being misappropriated for profit.
Protecting Art While Preserving Satire
While the court was firm on stopping "commercial exploitation," it was equally careful to protect freedom of expression.
Caricatures and Cartoons: Creative artistic depictions of the actor.
Satire and Parody: Non-commercial works intended for humor or social commentary.
This distinction is crucial, as it ensures that while businesses cannot "pass off" products as official merchandise, fans and artists can still engage with the actor’s persona in creative, non-commercial ways.
Public Notification and Precedent
Given that many infringers operate anonymously online, the court directed Kamal Haasan to publish public notices in both English and Tamil newspapers.
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