Case Law Details
Krishna Kishore Singh Vs Sarla A. Saraogi (Delhi High Court)
Facts- In the present case, plaintiff (Sushant’s Singh family) questioned the court to examine the right to privacy of Sushant’s family to prevent the defendants from publishing film on Sushant’s life when the other side contended that the right to privacy of a celebrity extinguishes upon his demise. The defendants argued that the film simply draws inspiration from the Sushant’s death and does not in any manner uses his name, image, caricature, photographs etc of either Sushant or his family.
Conclusion- In spite of being in knowledge, plaintiff has filed the present suit close to the release of the said film, after substantial time, money and effort have been expended by Defendant No. 1-3 on production and promotion.
We may note that the suit is not premised as a tortious action for defamation. It is founded on the basis of breach of celebrity/publicity rights inhering to the Plaintiff. It is thus opined that if an interim order is granted, it would be difficult to compensate the Defendants in the event Plaintiff ultimately does not succeed in the suit.
In view of the above, the Plaintiff has failed to satisfy the three-pronged test for grant of pre-emptory injunction to restrain exhibition of the films.
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