Madras High Court Shields Kamal Haasan from Unauthorized Merchandise Exploitation
The Madras High Court has stepped in to protect actor-politician Kamal Haasan from unauthorized commercial exploitation. Justice Senthilkumar Ramamoorty issued an interim order on Monday, restraining a Chennai-based merchandise company and unknown persons from unlawfully using Kamal Haasan's personality.
Court's Directives Against Unauthorized Sales
The court specifically prohibited the sale of any merchandise bearing Kamal Haasan's image, name, or screen names without his explicit consent. This includes T-shirts, posters, and other items that feature his likeness. The order remains effective until the next hearing date.
Justice Ramamoorty emphasized that the respondents must not create false images of Kamal Haasan or depict him through any media platform. The court found a strong prima facie case supporting the actor's claims of personality rights violation.
Protection of Creative Expressions
Importantly, the court clarified that its order does not restrict legitimate creative expressions. Caricatures, satirical works, and other permissible forms of artistic representation remain unaffected. The focus is strictly on preventing commercial exploitation without authorization.
Addressing Unknown Infringers
Since some infringers remain unidentified (referred to as John Doe in legal terms), the judge ordered publication of the court order in a widely circulated English daily newspaper. This measure aims to notify all potential violators about the restrictions.
Kamal Haasan's Personality Rights Claims
Kamal Haasan asserts exclusive rights over various aspects of his public persona. These include:
- His full name "Kamal Haasan" and abbreviation "KH"
- His visual image and likeness
- His distinctive voice and signature
- His unique dialogue delivery style
The actor-politician filed the suit to protect these personality and publicity rights from unlawful exploitation.
Alleged Violations by Merchandise Company
According to the suit, the Chennai-based company operated websites selling unauthorized merchandise prominently featuring Kamal Haasan's name and photographs. These products falsely suggested endorsement or association with the actor.
Social Media and AI-Generated Content Concerns
The complaint also highlighted issues beyond physical merchandise. Unidentified persons have been selling items on e-commerce platforms while using Kamal Haasan's likeness on social media. Some violations involve AI-generated and deepfake images and videos, including content that is vulgar or defamatory.
Legal Arguments Presented
Kamal Haasan's counsel, S Vijayan Subramanian, argued that these acts cause multiple harms:
- Commercial exploitation through YouTube advertising and related revenue streams
- Confusion among the public about endorsements
- Dilution of Kamal Haasan's reputation
- Moral harm to the actor's public image
The counsel contended that such activities violate personality rights, constitute passing off and unfair competition, and infringe moral rights under the Copyright Act.
Seeking Comprehensive Protection
Kamal Haasan requested the court to grant an omnibus injunction against any unauthorized use of his personality and publicity rights. The interim order represents the first step toward this comprehensive protection while the case proceeds.
The court admitted the suit and will continue hearing arguments in subsequent sessions. The merchandise company and any other infringers must now comply with the restrictions or face legal consequences.
