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2026 Supreme(Online)(Del) 14998
IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
ABHISHEK SHARMA – Appellant
Versus
ASHOK KUMAR & ORS. – Respondent
CS(COMM) 702/2026
For the Appellants/Petitioners: Gaurav Bahl, Ankur Khanna, Arundhati Dhar, Harshita, Sachin Thakkar
For the Respondents: Manas Raghuvanshi, Varun Pathak, Prasidhi Aggarwal, Nivedita Sudheer, Deepak Gogia, Aadhar Nautiyal, Shivangi Kohli
Celebrities possess personality and publicity rights that protect their name, image, voice, and likeness from unauthorized commercial exploitation, which constitutes an infringement of their rights and a violation of privacy.
Headnote:The case involves the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908. A professional athlete sought an ex parte ad interim injunction against various entities for the unauthorized use of his name, image, and likeness through AI-generated content, deepfakes, and unauthorized merchandise. The court found that the plaintiff had established a prima facie case of infringement of personality rights. The court addressed whether the unauthorized commercial exploitation of a celebrity's persona constitutes a violation of publicity rights. The ratio decidendi is that personality rights protect an individual's distinctive attributes from unauthorized commercial use, as such use leads to the dilution of the individual's unique identity and allows others to achieve unearned commercial gain. Defendants No. 1 to 8 are restrained from using or misappropriating the plaintiff's name, image, voice, and likeness for commercial or personal gain, and Defendants No. 9 to 12 are restrained from manufacturing or selling merchandise bearing the plaintiff's personality attributes.
| Table of Content |
|---|
| 1. procedural exemptions for urgent relief in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. initiation of legal proceedings and issuance of summons. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. establishment of celebrity status and unauthorized exploitation of persona. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. protection of personality and publicity rights against unauthorized commercial use. (Para 30 , 31 , 32 , 33) |
| 5. granting of ad interim injunction to prevent irreparable harm. (Para 34 , 35 , 36) |
O R D E R
I.A. 17025/2026
(for pre-institution mediation)
1. This application is filed on behalf of the Plaintiff under Section 151 CPC seeking exemption from Pre-Institution Mediation under Section 12-A of the Commercial Courts Act, 2015.
2. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation.
3. Application is allowed and disposed of.
I.A. 17026/2026
4. This application is filed on behalf of the Plaintiff under Section 80(2) read with Section 151 CPC seeking exemption from issuing the mandatory notice under Section 80(1) CPC on Defendant No. 18/MeitY and Defendant No. 19/DoT.
5. On account of urgent relief prayed for by the Plaintiff which needs hearing today, Plaintiff is exempted from issuing the mandatory notice under Section 80(1) CPC on Defendant No. 18/MeitY and Defendant No. 19/DoT.
6. Application is allowed and disposed of.
I.A. 17024/2026
(u/O XI Rule 1 (4) r/w Section 151 CPC)
7. This application is filed on behalf of the Plaintiff seeking to place on record additional documents.
8. Plaintiff, if he wishes to file additional documents at a later stage, shall do so strictly in accordance with provisions of the Commercial Courts Act, 2015.
9. Application is allowed and disposed of.
10. Let plaint be registered as a suit.
11. Issue summons.
12. Counsels, as above, accept summons on behalf of the respective Defendants.
13. Upon filing of process fee, issue summons to Defendants No. 2 to 8 and 13 through their social media handles; Defendants No. 9 to 12 through their social media handles as well as through all permissible modes and Defendants No. 15, 18 and 19 through all permissible modes, returnable before the learned Joint Registrar on 11.08.2026.
14. Summons shall state that the written statements shall be filed by Defendants No. 2 to 13 within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff.
15. It will be open to the Plaintiff to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/denial of documents filed by Defendants No. 2 to 13.
16. If any of the parties wish to seek inspection of any documents, the same be sought and given within the timeline prescribed in Delhi High Court (Original Side) Rules, 2018.
17. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits.
I.A. 17023/2026
(u/O XXXIX Rules 1 and 2 r/w Section 151 CPC)
18. This application is filed by the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of CPC for grant of ex parte ad interim injunction.
19. Issue notice.
20. Counsels, as above, accept notice on behalf of the respective Defendants.
21. Upon filing of process fee, issue notice to Defendants No. 2 to 8 and 13 through their social media handles; Defendants No. 9 to 12 through their social media handles as well as through all permissible modes and Defendants No. 15, 18 and 19 through all permissible modes, returnable before Court on 17.11.2026.
22. Case of the Plaintiff as set out in the plaint is that the Plaintiff is a well-known Ind
