JUDGMENT

S. Ravindra Bhat, J. (Open Court)--The plaintiff in the suit seeks permanent injunction against the defendants restraining from infringing his right of publicity and against false endorsement, leading to passing off. He claims damages and rendition of accounts.

2. The plaintiff company was incorporated in 1996, in which the letters DM stands for the initials of the name, Daler Mehndi (hereafter "the artist"). The company was originally incorporated to manage his advancing career. The plaintiff also helps in raising funds for charities, causes and to fund the DALER MEHNDI GREEN DRIVE project and has made a significant mark in providing employment and broad-based awareness in terms of music, ecological/environmental and social issues.

3. The history of the artist and the artist's works, is given under paras 3, 4 and 5 of the plaint, explaining his immense popularity as an entertainer, who has made an indelible mark in the show business. The details of the artist's works/ albums as well as chart enumerated in the averments, are to the effect that the author is a well-known personality. Mr. Mehndi has received several awards recognizing his talents, a list of which is shown in Para 6 of the plaint.

4. The plaintiff claims its sales figure which explains the artist's popularity worldwide, they are detailed as follows:

5. The Identity, Persona and reputation, of "Daler Mehndi" , as stated in Para 9 of plaint shows that the artist has become extremely famous and brings an instinctive association in the mind of the public and trade alike, with the high quality entertainment services, and products emanating him. Therefore, his persona, has assumed tremendous significance as a quasi- property right meant to protect the economic value associated with identity. The artist's business affairs and public persona have continued to grow at an exponential rate ever since he came into prominence. Subsequently, the artist has assigned all his rights, title and interest in his personality inherent in his rights of publicity along with the trademark DALER MEHNDI as well as goodwill vested therein, with effect from November 13th 1996, to the Plaintiff Company.

6. In order to exercise control over the artist's image, the plaintiff and the artist have in agreements with artiste management and recording companies, specifically contracted for a clause prohibiting the use of his persona or aspects thereof in relation to any advertising or similar commercial purposes without his consent. It is claimed that the Plaintiff has filed a suit before this Court being Suit No. 1147 of 2001 against the registrant of a domain name "dalermehndi.net" and a decree in favour of his terms of compromise arrived at between parties resulting in transfer of the domain name. The Plaintiff also submits to having filed a complaint registered as Case No. D2001- 1267 under the Uniform Dispute Resolution Procedure (UDRP) against registrant of a website, "dalermehndi.com" , in which the Administrative Panel at the WIPO Arbitration and Mediation Centre ruled in favor of the Plaintiff and ordered the transfer of the domain name to the Plaintiff. The Plaintiff states that it has filed trademark applications in Classes 1to 34 for the mark DALER MEHNDI dated 05.07.1999.

7. It is contended that the unauthorized or unlicensed use by any party of the said persona including any of its individual components, on account of the immense reputation of th