Bombay High Court Protects Sonu Nigam's Personality Rights, Restrains X Account From Misrepresentation

Bombay High Court Protects Sonu Nigam's Personality Rights, Restrains X Account From Misrepresentation

Introduction

The Bombay High Court has passed an ex-parte order restraining an X (formerly Twitter) account from misrepresenting itself as renowned playback singer Sonu Nigam. The court directed the account holder to display his full and original name on his X handle.

Factual Background

The X account in question was operated by a person named Sonu Nigam Singh, who claimed to be a criminal lawyer from Bihar. Singh made several communal and politically charged posts on his X handle using the name “Sonu Nigam”, which led to backlash and hate directed toward the singer and his family.

Procedural Background

Sonu Nigam approached the court after discovering Singh's online activity, which gave the impression that the posts were made by the singer. The singer alleged violation of his personality rights and sought relief from the court.

Issues

1. Personality Rights: Whether Singh's use of the name “Sonu Nigam” constitutes a violation of the singer's personality rights.

2. Misrepresentation: Whether Singh's online activity amounts to misrepresentation, leading to harm to the singer's reputation.

Contentions of Parties

Sonu Nigam's Contentions: The singer argued that Singh's use of his name and online activity led to sustained online hate directed at him and his family. He contended that Singh had benefited socially and reputationally by exploiting his name, amassing over 90,000 followers on X.

Sonu Nigam Singh's Contentions: There are no reported contentions from Singh, as the court passed an ex-parte order.

Reasoning & Analysis

The bench of Justice RI Chagla held that Singh's use of the name “Sonu Nigam” constitutes misrepresentation, leading to harm to the singer's reputation. The court emphasized that a name can acquire trademark status through public recognition even without commercial use.

Final Outcome

The court restrained Singh from continuing to misrepresent himself as the singer and directed him to use his full name, Sonu Nigam Singh, as the display name on his X account.

Implications

The decision portrays the significance of protecting personality rights and preventing misrepresentation. It also emphasizes the need for courts to consider the harm caused by online activity and the potential benefits gained by exploiting someone's name and reputation.

In this case the Sonu Nigam was represented by Mr. Hiren Kamod, Advocate.