rajnikanth affidavit

No. of Corrns: Nil Page No.:

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Ordinary Original Civil Jurisdiction)

O.A. Nos. 2014

in C.S. No. of 2014

Mr. Shivaji Rao Gaikwad, also known as Mr. Rajinikanth, 18, Raghava Veera Avenue, Poes Garden, Chennai - 600086 : Applicant/Plaintiff Vs. M/s. Varsha Productions Rizvi Mansion Cooperative Society, 6th floor, Flat no 602, L.J.Road, Mahim west, Mumbai - 16. : Respondent/Defendant

COMMON AFFIDAVIT OF SHIVAJI RAO GAIKWAD ALSO KNOWN AS RAJINIKANTH

I, Shivaji Rao Gaikwad, also known as Rajinikanth, son of Ramoji Rao

Gaikwad, Hindu, aged about 63 years, residing at 18, Raghava Veera Avenue,

Poes Garden, Chennai - 600086, do hereby solemnly affirm and sincerely

state as follows:-

1. I am the Applicant/Plaintiff herein and I am well acquainted with the

facts of the above case.

2. I submit that the suit is filed for the reliefs of permanent injunction

restraining the respondent from committing acts infringement of copyright,

passing off, infiltration of personality rights and for other reliefs.

3. The Applicant is a famous and well acclaimed actor in the Indian film

industry for the past several decades. The Applicant is regarded as a cultural

icon across the world and has been acknowledged as one of the leading actors

in the country. The Applicant has garnered immense reputation and

goodwill for his contribution to the film industry. The Applicant has also

been bestowed with innumerous accolades. The Applicants irrefutable

acting ability, charisma, distinct personal style, mannerisms and stylised

delivery of dialogue in films have contributed to his mass popularity and

appeal. The Applicant has also been bestowed with several awards nationally

and internationally, besides recognitions being conferred by various


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governments and trade bodies for his contribution to the arts and culture.

The Applicant further states he has been repeatedly referred to as the most

popular Indian actor by the media across the world, and his wide-spread fan

base has been universally acknowledged to be one of the largest in the world.

Many also cite reasons for The Applicants popularity as coming from his

larger-than-life appearance in many films, supported by gravity-defying

stunts and charismatic expressions/dialogues which often attain cult status,

whilst preferring to maintain humility and simplicity in real-life.

4. The Applicant states that despite he being exceptionally well known

and enjoying the adoration and recognition of his fans across the globe, has

deliberately chosen not to authorize any biopic featuring him or create any

work based upon his personal self/personality. This is due to the fact that the

Applicant is personally against such gross commercialization of his name and

reputation. This has been the Applicants personal choice for the past several

decades.

5. The Applicant further states that irrespective of the above stance

consciously adopted by him, he has attained the status of a well known

personality across the globe and particularly in India and countries having

communities of Indian origin. Any use/misuse of the Applicants

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.

6. The Applicant states that any misuse of his

name/image/caricature/style of delivering dialogues would also cause

considerable confusion amongst the trade and public, who would seek to

view any projects associated with him or using his name, image or likeness

entirely on the basis of its supposed approval by him. The Applicant further

states that he has been acknowledged for the widespread and unconditional

passion/hysteria generated amongst his fans and admirers across the world


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by his mere appearance on-screen. A large section of the public across India

is therefore, likely to be misled into viewing such project/film on the mere

belief that the said project/film has been approved by their matinee idol. It is

to prevent such widespread hysteria and undue confusion amongst the

public, besides maintaining his personal integrity, the Applicant has chosen

to abstain from approving or supporting any project based on his personal

self/personality. Besides, such film based upon the Applicants name, image

or likeness would be a gross violation of the Applicants privacy and would

subject him to needless embarrassment as he does not have any control over

the content of any unauthorized or unapproved project/film. Given the

stature, respect and renown enjoyed by the Applicant internationally, such

embarrassment and needless violation of privacy is undue, prejudicial and of

potentially defamatory nature.

7. Whileso, recently, the Applicant has come across various press

releases, video releases, web articles and posters about the Respondents

forthcoming feature film titled Main Hoon Rajinikanth. The various press

releases, video releases, web articles, posters and information from other

sources about the feature film Main Hoon Rajinikanth reveal that the

Respondent has exploited the super hero image portrayed by the Applicant in

various movies for the benefit of the Respondent by embodying the same in

the Respondents forthcoming feature film and also has scenes of immoral

nature. The Applicant states that the Respondent has not approached the

Applicant or obtained his consent or permission either written or oral to use

his name/caricature/image/style of delivering dialogue in the Respondents

forthcoming feature film. The Applicant states that use of his

name/image/caricature/style of delivering dialogues without his consent

amounts to violation of the personality right and copyright solely vested with

him. The Applicant states that the Respondent has unauthorizedly used his

name/image/caricature/style of delivering dialogues to promote their

forthcoming feature film to illicit derive benefit and the same, amounts to

causing confusion and deception amongst the trade and public and further

consequential acts of passing off.

8. It is also a source of immense distress to the Applicant that the

Respondents forthcoming feature film has scenes of immoral nature, which

is entirely antithetical to the nature of films chosen by him and his


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image/reputation amongst the public. In having his name/image/caricature

being associated with such feature film of immoral and promiscuous nature,

the Applicant would be subject to defamation, slander and gross damage to

vast reputation/goodwill amongst the public across the world and the Indian

film industry, which has been built over the hard work of several years. Such

gross besmirching of the Applicants image and reputation in public cannot

be tolerated by the Applicant to any degree. The Applicant in order to resolve

the same amicably caused a cease and desist notice dated 15.07.2014 on the

Respondent to restrain from violation of the rights of the Applicant. The

Respondent continues with its unlawful activities. The Applicant left with no

other option has approached this Honble Court.

9. The Applicant states that the Respondent has knowingly used the

Applicants name/image/caricature/style of delivering dialogues without any

permission or authorization whatsoever. The Respondent has deliberately

used the Applicants name/image/caricature/style of delivering dialogues in

its forthcoming feature film only with a malafide intention to derive illicit

benefits based upon the goodwill emanating from the well known personality

status of the Applicant. The unauthorized use of the Applicants

name/image/caricature/style of delivering dialogues in the Respondents

forthcoming film amounts to infringement of copyright, infiltration of

personality right and passing off besides being a gross violation of privacy,

being defamatory, slanderous and causing considerable confusion amongst

the public as to the association between the Applicant and the Respondent.

In such circumstances, the Applicant has suffered considerable

embarrassment due to queries seeking his alleged shift in stance by allowing

others to use his image for movies of such low quality and immoral nature.

10. The Applicant states that by using his name/image/caricature/style of

delivering dialogues, the Respondent has portrayed to the general public that

the Applicant has approved to the title and content of the Respondents

forthcoming feature film, and as to the said feature film being based on the

Applicant. The Applicant states that the sole intention of the Respondent of

using his name/image/caricature/style of delivering dialogues for their

forthcoming feature film is only to deceive the trade and public so as to make

the public believe as though the Applicant has approved the title and content


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of the said film. The Applicant further states that such unauthorized use of

his name/image/caricature/style of delivering dialogues for its forthcoming

feature film is only with a malafide intention of misrepresentation and

seeking to make undue commercial gain by piggybacking on the Applicants

vast reputation, recognition and goodwill besides attempting to gain

commercially by indulging in mockery and defamation. The Respondent,

who is well aware of the goodwill and reputation enjoyed the Applicant has

adopted an identical and/or deceptively name/image/caricature/style of

delivering dialogues for its forthcoming feature film. Such use amounts to

misappropriation of common law rights vested with the Applicant and would

amounts passing off. It is therefore imperative that the Respondent ought to

be restrained from passing off by this Honble Court.

11. The Applicant has prima facie case in its favour as he is a man of high

esteem in the society and more particularly in the cine industry. The

applicant is a well acclaimed actor in the industry. The Applicant through his

hard work and persistence has attained immense knowledge and goodwill

that even a child would relate the name Rajinikanth only with that of the

applicant and none else. The reputation of the applicant is so high that even

a passing reference to the name Rajinikanth would be associated by the

general public only with that of the Applicant and none else. The Applicant

further states that the respondent in its forthcoming feature film Main Hoon

Rajinikanth has used the name/image/caricature/style of delivering

dialogues of the applicant without his consent or permission in any manner

whatsoever and is trying to make unlawful benefits out of the same. The

applicant further states that such use of his name/image/caricature/style of

delivering dialogues by the respondent in its forthcoming feature film

amounts to infiltration of his personality rights, copyright and passing off.

12. The Applicant further states that balance of convenience is in its

favour and against the respondent as the press/web articles about the

respondents forthcoming also reveal that there some scenes of immoral

nature in the film, which is entirely antithetical to personality of the applicant

as well as the nature of films chosen by him and his image/reputation

amongst the public till date. The Applicant states that if the respondents

forthcoming feature film Main Hoon Rajinikanth is allowed to be produced

with such objectionable scenes and the name/image/caricature/style of


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delivering dialogues of the Applicant, the same would be subject to

defamation, slander and gross damage to vast reputation/goodwill amongst

the public across the world and the Indian film industry, which has been built

over the hard work of several years.

13. The Applicant submits that if the Respondent is allowed to use

name/image/caricature/style of delivering dialogues of the Applicant for its

forthcoming feature film, it would cause significant and substantial damage

to the Applicant in addition to the Applicant suffering irreparable loss of

reputation and goodwill and also deception to the public. It is against the

public interest and public policy as it would cause confusion and deception in

the minds of the public. The Applicant further states that on account of the

respondents unlawful activities, the Applicant is put to untold misery and

hardship, irreparable loss and injury which cannot be compensated in

pecuniary terms. The Applicant thus states that Prima facie case, balance of

convenience and irreparable loss in his favour and against the respondent.

It is, therefore, prayed that this Honble Court may be pleased to grant:-:

a. an ad-interim, interim, temporary injunction restraining the

Respondent by themselves, their Directors, principal officers,

successors-in-business, assigns, servants, agents, distributors,

advertisers or any one claiming through them from in any

manner using the Applicants name/image/caricature/style of

delivering dialogues in the forthcoming project/film titled

Main Hoon Rajinikanth or in any of the forthcoming

projects/films in any manner whatsoever amounting to

infringement of copyright pending disposable of the suit;

b. an ad-interim, interim, temporary injunction restraining the



advertisers or any one claiming through them from using the

Applicants name/image/caricature/style of delivering

dialogues in the forthcoming project/film titled Main Hoon

Rajinikanth or in any of the forthcoming projects/films in

any manner whatsoever amounting to infiltration of the


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Applicants personality rights by such unauthorized use

pending disposable of the suit;

c. an ad-interim, interim, temporary injunction restraining the



advertisers or any one claiming through them from using the

Applicants name/image/caricature/style of delivering

dialogues in the forthcoming project/film titled Main Hoon

Rajinikanth or in any of the forthcoming projects/films

content in any manner whatsoever so as to misrepresent and

to cause deception in the minds of public leading to passing

off pending disposable of the suit;

pass such further or other orders as this Honble Court may deem fit and

proper in the circumstances of the case and thus render Justice.

Solemnly affirmed at Chennai, this the __ day of August 2014 and the deponent signed his name in my presence. Before me, Counsel for Applicant Advocate, Chennai.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Ordinary Original Civil Jurisdiction)

C.S. No. of 2014 Mr. Shivaji Rao Gaikwad, also known as Mr. Rajinikanth Chennai 600086

: Plaintiff Vs. M/s. Varsha Productions Mumbai 400 016.

: Defendant

COMMON AFFIDAVIT OF RAJINIKANTH

M/s. ARUN.C.MOHAN BRINDA MOHAN VASUNDHARA ARUN S. SUBA SHINY S. DIWAKAR & R. GANAPATHY

Counsel for Plaintiff

rajnikanth affidavit

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