DM Entertainment v Baby Gift House and Ors
Daler Mehndi
Daler Mehndi is a popular Indian singer, songwriter, author and record producer. He was part of numerous music albums such as 'Bolo Ta Ra Ra Ra', 'Dardi Rab Rab' and so on.
DM Entertainment
Daler Mehndi incorporated a company, D.M. Entertainment Pvt. Ltd., the plaintiff in this case, in 1996, in which the letters DM stands for the initials of the name, Daler Mehndi. The company was originally incorporated to manage Daler Mehndi’s advancing career and also helps in raising funds for charities, causes and to fund the DALER MEHNDI GREEN DRIVE project. Daler Mehndi assigned all his rights in publicity, commercial endorsement and other related rights to the Company.
The case
Defendants(Baby gift house, Hiccupp's and Poonam Gift Palace) were engaged in the business of selling dolls, which (allegedly) were cheap imitations of & identical to the likeness of the Mr. Daler Mehndi. Such dolls were imported from China and sold by each Defendant. In addition to having Daler Mehndi’s features, the dolls could also sing a few lines from some of his compositions.
DM Entertainment filed a suit seeking permanent injunction against the Defendants restraining them from infringing his right of publicity and against false endorsement, leading to passing off. DM Entertainment claimed damages and rendition of accounts.
Verdict
As per the Court, Daler Mehndi was extremely famous and brings an instinctive association in the mind of the public and trade alike, with his high-quality entertainment services, and products emanating from him. Therefore, according to the court, his persona had assumed tremendous significance as a quasi-property right meant to protect the economic value associated with the identity.
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