Delhi High Court Protects Entrepreneur Aman Gupta's Personality Rights; Orders Takedown Of AI, Obscene Content

In a first for entrepreneur, the Delhi High Court has passed an interim order protecting personality rights of Shark Tank India judge Aman Gupta against alleged misuse of his name, image, voice, catchphrases and personality attributes across multiple online platforms, including AI-generated deepfake and obscene content.

Justice Tushar Rao Gedela observed that Gupta has established substantial goodwill and public recognition, warranting protection of his trademark and personality rights.

“The manner in which the defendants are exploiting his name, voice, persona, slogans, registered trade marks of the plaintiff positively assert the underlying fact of plaintiffs' personality which are exclusive to him and none else the Court said while passing an ex parte ad-interim injunction.

The Court was dealing with a suit filed by Gupta against several unknown persons and online intermediaries alleging unauthorized use of his identity for commercial gain.

The suit alleged misuse through fake event booking listings, AI chatbots impersonating him, sale of merchandise bearing his slogans and likeness, circulation of pornographic material, fake Instagram profiles and publication of his alleged contact details.

Gupta claimed that his personality traits, slogans and identifiers — including “Hum Bhi Bana Lenge” and “Down, But Not Out!” — had acquired independent commercial value and were being unlawfully exploited.

The Court noted that Gupta had secured trademark registrations for the said expressions and had achieved significant public recognition through entrepreneurial ventures, media appearances and brand endorsements.

The Court also took serious note of the allegations regarding sexually explicit and AI-generated deepfake content featuring Gupta.

“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,” the Court observed.

Accordingly, the Court restrained the defendants from misusing Gupta's name, likeness, image, voice, GIFs, videos, contact details or any aspect of his persona without authorization, including through AI and deepfake technologies.

Online platforms including Google and social media intermediaries were directed to take down identified infringing links and disclose details such as mobile numbers, email IDs and user information connected with certain allegedly fake accounts.

The Court further permitted Gupta to notify intermediaries about any newly discovered infringing websites during pendency of the suit, directing them to suspend or lock such domain names upon receipt of supporting material.

The matter will next be heard on October 01.

Counsel for Plaintiff: Ms. Diya Kapur, Senior Advocate with Mr. Nakul Gandhi, Mr. Mujeeb, Mr. Siddhi Sahoo, Mr. Gurdeep Singh, Mr. Raghav Kumar and Mr. Naibedya Amrit Dash, Advocates; NG Law Chambers

Counsel for Defendants: Mr. Varun Pathak, Ms. Sana Banyal and Mr. Debditya Saha, Advocates for D-3; Ms. Mamta Rani Jha, Mr. Rohan Ahuja, Mr. Shruttima Ehersa and Mr. Ankit Tripathi, Advocates for D- 4/Google LLC; Mr. Satya Ranjan Swain, CGSC with Mr. Naveen, GP and Mr. Kautilya , Advocate for D-5 and D- 46/UOI; Mr. Devvrat Joshi, Mr. Pushpit Ghosh and Mr. Angad Makkar, Advocates for D-19

Title: AMAN GUPTA v. JOHN DOE/ASHOK KUMAR AND ORS

click here to read order