The Delhi High Court has recently issued a significant order to protect the personality rights of renowned cardiologist Dr. Devi Prasad Shetty and the trademark of his hospital, Narayana Hrudayalaya. The court restrained both known and unknown individuals, as well as operators of Facebook pages, from misusing Dr. Shetty’s name, image, and likeness for commercial purposes.
Dr. Shetty and Narayana Health, in its case, highlighted how their reputation and goodwill were being exploited by third parties using doctored videos and misleading health-related content. These videos, falsely attributed to Dr. Shetty, were allegedly promoting unverified health products and tips, causing confusion among the public.
The Court acknowledged the immense public trust Dr. Shetty’s name and image have garnered over the years. His persona, including his likeness, voice, and image, is highly associated with credibility and excellence in healthcare. The unauthorised use of his name and likeness for commercial gain was seen as a violation of his personality rights, with the potential to mislead the public.
In addition, the health care major raised concerns over the misuse of Narayana Health’s trademarks, including the well-known “Narayana Hrudayalaya” and “Narayana Health,” which are associated with high-quality healthcare services. The defendants were found to be infringing upon these trademarks in a manner that could harm the hospital’s brand reputation and mislead consumers.
The Court’s order also extends to the use of emerging technologies like artificial intelligence and deep fake tools, stressing the importance of protecting Dr. Shetty’s image from digital manipulation. The defendants have been prohibited from using his likeness or any aspect of his persona without explicit permission.
Social media platforms, including Facebook, have been directed to block and take down all infringing content. Additionally, Google LLC has been instructed to remove the unauthorized videos and material from YouTube. The court also ordered telecom and internet service providers, along with the government, to block any websites found violating the plaintiffs’ rights. The defendants are also required to disclose their full personal details, including names, addresses, and contact information.
Narayana Health is now permitted to approach social media intermediaries to request the removal of any further infringing content discovered during the course of the case. The defendants have been formally restrained from engaging in any further violation of Dr. Shetty’s personality rights and Narayana Health’s trademarks.
This case sets an important precedent in the protection of both personality and intellectual property rights in the digital age, highlighting the increasing challenges posed by online misrepresentation and digital manipulation.
