Delhi HC: 'Thug Life' a Compliment, Bars Unauthorized Use of 'Bhidu' in Jackie Shroff Case
The Delhi High Court ruled that 'Thug Life' is a compliment and prohibited the use of 'Bhidu' without Jackie Shroff's permission
19-05-2024The Delhi High Court recently granted interim relief to Bollywood actor Jackie Shroff, restraining several social media accounts, e-commerce websites, and AI chatbots from using his name, voice, or image for commercial purposes without his consent. However, the court denied similar relief against YouTuber Mahesh Keshwala, ruling that the term "Thug Life," used in Keshwala's video, was not derogatory but rather a compliment.
The court's decision came after Shroff argued that the video infringed on his personality and publicity rights by using his name, voice, and image, and claimed that the term "Thug Life" tarnished his reputation. Shroff's counsel contended that "Thug Life" is often associated with a rebellious attitude and that the video, which included sunglasses, caps, cigarettes, and gold chains, distorted Shroff's persona.
In its review, the court noted that "Thug Life" is commonly used in rap music, social media, and youth slang to denote a tough, resourceful persona. The court found that the term in this context was used to portray Shroff as fearless and bold, aligning with meme culture's celebration of such traits. As a result, the court took the view that the video could be seen as a tribute to Shroff's assertive demeanor and required further scrutiny before making a final decision on whether it tarnished his reputation.
The court also highlighted the importance of freedom of expression for YouTubers, who represent a growing community. It emphasized that blocking such videos could have significant implications for this community and set a precedent that stifles free speech.
Additionally, Shroff's legal team argued for the protection of his personality and publicity rights, noting that he is the registered proprietor of the trademarks "BHIDU" and "Bhidu ka khopcha." They asserted that unauthorized use of his name, voice, image, likeness, mannerisms, gestures, and other identifiable characteristics for commercial purposes infringes on these rights and dilutes the brand equity Shroff has built over the years.
In conclusion, the Delhi High Court's ruling protects Jackie Shroff's image and persona from unauthorized commercial use but recognizes the non-derogatory nature of the term "Thug Life" in the context of popular culture. The case will continue to be scrutinized, with further responses from the involved parties to be considered.
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