Chiranjeevi Personality Rights Litigation: Hyderabad Court Clarifies That Celebrity Personality Rights Disputes Involving Intellectual Property Claims Must Be Tried by Commercial Courts

BACKGROUND

The present litigation involving actor Konidela Chiranjeevi first attracted national attention when the Hyderabad City Civil Court granted an ad-interim injunction restraining the unauthorised commercial use of the actor’s personality attributes and recognising the need to protect his personality and publicity rights. However, the proceedings subsequently took a significant procedural turn when the Court was called upon to determine whether such a dispute could be entertained by a Civil Court or whether it fell within the exclusive jurisdiction of the Commercial Court under the Commercial Courts Act, 2015.

FACTS

The plaintiff instituted the suit alleging unauthorised commercial exploitation of his personality rights, including the use of his name, image, likeness and identity. Interim protection had earlier been granted by the Civil Court restraining such alleged misuse pending adjudication of the suit.

A petition was filed by a Defendant questioning the maintainability of the suit before the Civil Court contending that the dispute was, in substance, a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015.

CONTENTIONS

Appearing on behalf of the defendant, Designated Senior Advocate Dr.Venkat Reddy Donthi Reddy argued that the Court must examine the true nature of the pleadings rather than the manner in which the suit had been described. It was submitted that the plaint expressly invoked copyright, trademark and allied intellectual property rights in addition to personality rights and, therefore, the dispute squarely fell within the statutory definition of a commercial dispute requiring adjudication by the Commercial Court. Reliance was also placed on a consistent line of judicial precedents recognising that celebrity personality rights disputes involving commercial exploitation have been entertained by Commercial Courts.

The plaintiff, on the other hand, contended that the suit primarily sought protection of personality rights and personal identity against unauthorised commercial exploitation. It was argued that personality rights constitute an independent branch of law and that their incidental overlap with intellectual property rights does not automatically convert every such action into a commercial dispute.

ISSUES

1. Whether a suit would constitute a commercial dispute falling within the jurisdiction of the Commercial Court under the Commercial Courts Act, 2015?
2. To what relief?

COURT’S ANALYSIS

The Court undertook a detailed examination of the pleadings as well as the evolving jurisprudence relating to personality rights in India.

While acknowledging that personality rights possess an independent legal character, the Court observed that the reliefs sought in the present suit substantially relied upon infringement and passing off of trademark and copyright. Consequently, the Court held that the true nature of the dispute was commercial rather than purely civil.

The Court reiterated that jurisdiction must be determined by examining the substance of the pleadings and the nature of the relief claimed, rather than the label assigned to the suit.

DECISION

The Court held that the Civil Court lacked jurisdiction to proceed with the suit and it falls within the ambit of commercial dispute and within the jurisdiction of Commercial Court. Accordingly, it directed that the plaint be returned for presentation before the competent Commercial Court.

The Court further held that once it had concluded that it lacked jurisdiction, it could not continue exercising substantive powers in the proceedings. Consequently, while returning the plaint, it declined to continue the interim protection that had earlier been granted by the Civil Court leaving it open to the parties to seek appropriate relief before the competent Commercial Court.

SIGNIFICANCE OF THE JUDGMENT

The decision marks an important development in India’s evolving personality rights jurisprudence. The decision clarifies that where such claims are intertwined with copyright, trademark or other intellectual property rights, the dispute falls within the jurisdiction of the Commercial Courts established under the Commercial Courts Act, 2015.







Author by,
RVR Attorneys Associates