Delhi High Court Issues Ex-Parte Ad Interim Injunction To Protect Personality Rights Of Renowned Cardiac Surgeon Dr Devi Shetty

The Delhi High Court has issued a temporary injunction to protect the personality rights of a well-known cardiac surgeon and chairman of Narayana Hrudayalaya Ltd Dr. Devi Prasad Shetty. The High Court further restrained known and unknown individuals from infringing the trademarks of Narayana Hrudayalaya Ltd. Justice Mini Pushkarna was considering the plea of Dr. Devi Prasad Shetty (plaintiff no. 1) and Narayana Hrudayalaya Ltd (plaintiff no. 2) for a permanent injunction against various defendant entities (Defendant nos. 1 to 8 and 13) restraining them from infringing of personality and publicity rights of Dr. Devi Prasad Shetty, and further infringement of Narayana's registered trademarks, misappropriation of goodwill, unfair trade practices, dilution and damages, among other reliefs sought. It is Dr. Shetty's case that known and unknown defendants have misused his name, likeness, photos and videos on social media platforms. It is stated that defendant entities are operating Facebook/Meta pages, which are misusing the name/likeness/ photos/videos of Dr. Shetty, by creating and sharing fake and misleading videos on the platform.Further, the defendants have unauthorizedly used Narayana's registered trademarks 'NARAYANA HEALTH' and 'NARAYANA HRUDAYALAYA' to suggest association with the hospital. The counsel for plaintiffs submitted that Dr. Shetty has received several accolades and recognition due to his contribution contributions to the field of affordable healthcare. The counsel stated that Dr. Shetty has a US patent to his name, co-founded founded the College of Nursing, Asia Heart Foundation, was head of Karnataka's Covid Task force during third wave of the pandemic and was featured in an episode of Netflix documentary series 'The Surgeon's Cut'. It was argued that the content using the personality rights of Dr. Shetty may mislead the unsuspecting members of the public into purchasing health products promoted/ marketed using his persona or mislead the public into believing the unsubstantiated and unverified health tips. It was stated that such content would also cause harm to the hard-earned goodwill of the plaintiffs.The counsel submitted that Dr. Shetty is 'a celebrity' in his own right and thus has a valid and enforceable personality right.Further, the counsel stated that Narayana Hrudayalaya's trademarks have been regularly and uninterruptedly used and marketed across the country and abroad, resulting in widespread consumer recognition and knowledge. It is stated that the public associates the marks solely with plaintiff no. 2. It is alleged that the defendants misappropriated and exploited the personality rights of Dr. Shetty and intellectual property rights of Narayana Hrudayalaya for solely deriving illicit commercial gains. Considering the facts and circumstances of the case, the Court was of the view, "In the above circumstances, the plaintiffs have demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the plaintiffs will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiffs, and against the defendants". The Court thereafter in its interim order restrained defendant nos. 1 to 8 and 13 from misusing, misappropriating or exploiting the name, likeness, photos, videos, or any other aspects of Dr. Shetty's persona in any manner, without his consent including the use of technology like Artificial Intelligence or deep fakes, that would result in infringement/passing off of his personality and publicity rights. It also restrained them from infringing the registered trademarks of Narayana Hrudayalaya. The Court further directed Meta to block the contents of defendant nos. 1 to 3 and disclose their details such as name, address, email and phone numbers. Similarly, it also directed Google to block the content of defendant nos. 4 to 8.Issuing notice in the application for interim relief, the high court also issued summons in the main lawsuit and listed the matter on April 15, 2025. Case title: Dr Devi Prasad Shetty & Anr. vs. Medicine Me & Ors.Citation: 2024 LiveLaw (Del) 1310(CS(COMM) 1053/2024 & I.A. Nos. 46360/2024, 46361/2024, 46362/2024, 46363/2024, 46364/2024 & 46365/2024) Click Here To Read/Download Order

Delhi High Court Issues Ex-Parte Ad Interim Injunction To Protect Personality Rights Of Renowned Cardiac Surgeon Dr Devi Shetty

Sanjana Dadmi

Tags