New Delhi, April 30 The Delhi High Court has expanded the scope of interim protection granted to YouTuber and actor Bhuvan Bam, directing multiple online platforms and e-commerce entities to take down fresh instances of alleged unauthorised use of his name, image, characters, voice, and trademarks.
A single-judge Bench of Justice Jyoti Singh passed the order in a commercial suit filed by Bam and his company, BB Ki Vines, after noting allegations of continuing digital infringement despite an earlier interim order passed in January this year.
The Delhi High Court had earlier, on January 13, restrained several defendants from exploiting Bam’s name, images, and on-screen characters, as well as the name of BB Ki Vines, for commercial or personal gains and from selling merchandise using the registered trademarks “BB Ki Vines (Bhuvan Bam)” and “BB Ki Vines”.
In the latest order, Justice Singh recorded that the fresh application was moved after the discovery of further instances of alleged unauthorised exploitation of Bam’s personality rights, image, characters, and voice across various online platforms, including deepfake and infringing videos, as well as commercial listings on e-commerce websites.
After examining documents and screenshots placed on record, the Delhi High Court held that the plaintiffs had made out a strong prima facie case.
“Plaintiffs have established a prima facie case and balance of convenience also lies in favour of the Plaintiffs, and in case the injunction sought is not granted, irreparable harm shall be caused to the Plaintiffs as also to innocent members of the public,” the order said.
It further restrained John Doe entities from creating, publishing, circulating, selling, or otherwise exploiting any content or merchandise infringing Bam’s personality, publicity, trademark, or copyright rights until the next hearing.
It also directed Google LLC to take down six identified YouTube URLs, Flipkart to remove two product listings, Spotify India to remove three infringing links, Meta Platforms to remove three Instagram links, and online merchandise sellers BeeTrendy and Swag Shirts to remove specified unauthorised product listings.
During the hearing, some appearing defendants raised objections to the takedown of certain URLs, contending that the material fell within exceptions and was akin to parody and caricature. However, Justice Singh clarified that the issue would be examined in greater detail during the next hearing after considering submissions from all parties.
“This issue will be considered on the next date after hearing submissions of all the parties,” the judge said.
The Delhi High Court also allowed Bam to amend his plaint and implead additional defendants, including major digital intermediaries and e-commerce platforms, broadening the scope of the ongoing litigation.
Bam approached the Delhi HC, alleging unlawful commercial exploitation of his name, image, voice, likeness, and other elements of his persona without authorisation or licence.
One of India’s most prominent digital creators, Bam, rose to fame through his comedy channel “BB Ki Vines”, launched in 2015, which features multiple recurring characters he portrays.
Bam’s suit alleges large-scale unauthorised commercial exploitation of his name, image, voice, likeness, and iconic characters portrayed through BB Ki Vines, along with infringement of associated trademarks and copyrights.
--IANS
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