Bombay HC says Khamosh to online misuse of Shatrughan Sinha’s personality

The Bombay High Court has granted interim protection to veteran actor and Lok Sabha MP Shatrughan Sinha against alleged misuse of his name, image and iconic “Khamosh” persona on social media, e-commerce websites. The ex parte order was passed by the Court in chambers on February 16 and made public on February 21.

Justice Sharmila Deshmukh restrained several John Doe entities (anonymous entities, mostly online, against whom blanket cease and desist injunctions are passed), social media platforms, content-sharing sites and e-commerce portals from exploiting Sinha’s personality and publicity rights. These include his name “Shatrughan Sinha”, vocal mannerisms, signature catchphrase “Khamosh”, image, likeness, signature and other identifiable attributes.

The High Court held that Sinha’s distinctive name and the expression “Khamosh” have acquired trademark-like distinctiveness and are entitled to protection even under Section 27(2) of the Trade Marks Act. The judge noted material showing fake profiles, memes, GIFs, digital stickers, AI-generated deepfakes and morphed pornographic content featuring the 79-year-old actor.

The Court found sufficient material to grant ex parte relief and continued the injunction till March 30, when it will hear Sinha’s interim application in detail further. The order was passed after Sinha moved the High Court, alleging rampant online misuse of his persona and sought Rs 20 crore in damages from tech giants, e-commerce platforms and unknown parties for exploiting his “Khamosh” image, voice and mannerisms without consent.