CHENNAI: Shivaji Rao Gaikwad alias Rajinikanth, or simply called Superstar, has moved the Madras high court to stop the release and screening of a film named after him -
"Main Hoon Rajinikanth."
There are two firsts to the suit - one, this is perhaps the first time Rajinikanth has chosen to approach the court, that too disclosing his original name; two, this is, again, perhaps the first time a celebrity is invoking a concept of 'personality rights' and protection against its infringement.
Justice S Tamilvanan, before whom the suit came up for hearing on Wednesday, granted interim injunction restraining Varsha Productions, Rizvi Mansion Cooperative Society, L J Road, Mahim West, Mumbai, from releasing the film with that title and content.
In his petition, Rajinikanth has dwelt at length about his stature and stated policy of not endorsing any product or film or write-up using his name or personality, as it might end up misleading his huge devoted fan base.
"Rajinikanth's irrefutable acting ability, charisma, distinct personal style, mannerisms and stylized delivery of dialogue in films have contributed to his mass popularity and appeal. His 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," the application said.
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, he has chosen to abstain from approving or supporting any project based on his personal self/personality. Besides, such film based upon Rajinikanth's name, image or likeness would be a gross violation of his 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, the application said.
As for the film in question, Rajinikanth said various press releases, video releases, web articles, posters and information from other sources about the feature film 'Main Hoon Rajinikanth' revealed that the producer had lifted/exploited the super hero image of Rajinikanth from various movies by including in the forthcoming feature film, which also has scenes of immoral nature
her written or oral to use his name/caricature/image/style of delivering dialogue in the film, Rajinikanth said the company has used his name/image/caricature/style of delivering dialogues without authorization to promote their film. It amounts to causing confusion and deception amongst the trade and public.
Rajinikanth also expressed distress that the film had scenes of immoral nature, "which is entirely unethical to the nature of films chosen by him and his image/reputation amongst the public. In having his name/image/caricature being associated with such feature film of immoral and promiscuous nature, he 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."
Rajini also contended that a film based on his "name or image" is a violation of his "privacy" and accused the producer of cashing on his "super hero image".
The Tamil superstar also said that neither the film's producer nor director had approached him seeking "written" or "oral" permission to use his name in the film.
Seeking to stop the release of the film, Rajinikanth sought an order of interim injunction restraining producer, their directors, principal officers, successors-in-business, assigns, servants, agents, distributors, advertisers or any one claiming through them from using Rajinikanth's 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 Rajinikanth's personality rights.
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