The Delhi High Court has restrained multiple merchandise sellers and online marketplaces from selling unauthorised products that use the name, image, and likeness of actor Nandamuri Taraka Rama Rao Junior, popularly known as NTR Junior. The order came in a suit filed by the actor against unknown sellers and others, seeking protection of his personality rights from commercial misuse.
Justice Manmeet Pritam Singh Arora recognised NTR Junior as a widely known public figure in India. The Court observed that his popularity and public recognition confer proprietary rights over his personality and related attributes. These rights extend to his name, likeness, image, and other identifiable traits. The Court held that such elements are legally protectable and cannot be commercially exploited without consent.
Acting on this finding, the Court directed immediate takedown of infringing links and ordered e-commerce platforms to stop facilitating the sale of such merchandise. The injunction covers online listings that use NTR Junior’s name or image without approval. The Court also instructed the defendants to delist the impugned goods from their websites.
A significant part of the order addressed the role and responsibility of e-commerce platforms. Amazon, Meesho, Flipkart, and Shopsy contended that they could not act against sellers without a specific court direction. The Court rejected this position and criticised the platforms for adopting a passive stance despite receiving complaints.
Justice Arora held that online marketplaces cannot rely on a blanket claim of safe harbour when a rights holder flags specific infringements. The Court noted that once a complaint clearly alleges violation of rights, platforms must take meaningful steps instead of remaining inactive.
The Court further directed the e-commerce companies to place on record their internal policies. These policies must cover complaints relating to trademark and copyright infringement, unauthorised use of a person’s image or likeness, and sale of infringing merchandise. This direction signals closer judicial scrutiny of platform governance and compliance mechanisms.
The matter will come up for further hearing on May 19.
