Madras HC stays release of ‘Main Hoon Rajinikanth’; Rajinikanth claims “Personality Rights”

In what could be the first of its kind in the country, megastar Rajinikanth has moved the Madras High Court seeking protection of his “personality rights” by restraining the use of his name, style and image in the upcoming movie ‘Main Hoon Rajinikanth’..Justice S Tamilvanan, who heard the matter today, allowed Rajinikanth’s interim application and stayed the release of the film..Advocate Arun C Mohan, Partner at IP law firm Mohan Associates, represented Rajinikanth..The interim application (IA), which is filed in Rajinikanth’s real name Shivaji Rao Gaikwad, sets out the contributions made by Rajinikanth to the film industry and the popularity that he has garnered through his movies. The IA states that,.“the irrefutable acting ability, charisma, distinct personal style, mannerisms and stylised delivery of dialogue in films have contributed to his mass popularity and appeal”..He has alleged that the producers of the movie “Main Hoon Rajinikanth’ used his name, image, caricature and style of delivering dialogues without his consent or permission and it amounted to a violation of his personality rights, copyright and passing off. He has also claimed that film has scenes of immoral nature and has “exploited the super hero image” portrayed by him..Rajini has further claimed that,.“Any use/misuse of the Applicant’s name/image/caricature/style of delivering dialogues amounts to infringement of his personality right, copyright arising thereof. The Applicant being a well known celebrity, has the right to command and control the use of his name, image, likeness or other unequivocal aspects of his distinctiveness.The Applicant states that any misuse of his name/image/caricature/style of delivering dialogues also amounts to infringement of the personality right vested with the Applicant besides amounting to acts of passing off.”.On the above grounds he sought a stay on using his “name/image/caricature/style of delivering dialogues” in the film. The Court has granted an ex parte stay on the film’s release, and posted the matter for September 22..Image taken from here.