Aaradhya Bachchan case: Delhi High Court asks if Bachchan family reputation extends across generations
Here's the latest update from the Bollywood world:
Justice Anup Jairam Bhambhani raised the issue during the hearing while discussing the legal protection attached to a person's reputation. The judge questioned whether the reputation associated with a prominent family name could be compared with the goodwill attached to a trademark and, if so, how far such protection could extend.
Adding to this, “The value of trademark and reputation in the trademark arises from the fact that a product or service has been rendered. Now, this is somewhat contextually different when you are talking about a person. A certain last name has a reputation because of the achievements, the eminence in a certain field of work, etc. So, does that reputation, you are couching it as virtually as a trademark, does that flow down generationally? If so, up to what point?” Justice Bhambhani remarked.
Meanwhile, The Court subsequently framed three broad questions that it will consider in the matter. It asked whether a family name, when associated with a reputation similar to that of a trademark, can retain that reputation across generations and, if so, to what extent.
Notably, The Court will also examine whether fake news, even when it is “of egregiously despicable nature”, can constitute an intellectual property rights violation and, if it does, what specific category of intellectual property rights may be involved.
As per the latest buzz, Another question concerns the relationship between defamation and intellectual property law. The Court will consider whether the legal concepts of slander, libel or other forms of injury to reputation can be treated as intellectual property rights.
In further updates, “These are the general questions in my mind. This is not exhaustive,” the Court clarified.
On top of that, Aaradhya Bachchan, through her father Abhishek Bachchan, approached the Delhi High Court in 2023 against several YouTube channels and unidentified individuals, commonly referred to as John Doe defendants. The suit sought to prevent the publication of content that allegedly tarnished the Bachchan family name, invaded their privacy or made defamatory claims about Aaradhya.
The case specifically referred to multiple YouTube videos that made false claims about Aaradhya’s health. Some videos allegedly claimed that she was seriously unwell and had been admitted to a hospital, while another claimed that the minor had died. The content also allegedly accused her family of failing to provide her with timely medical treatment.
Source: Bollywood Hungama