DM Entertainment v. Baby Gift House and Ors.

Daler Mehendi, the renowned Punjabi pop star, has a substantial fan following and is highly celebrated among Punjabi pop music enthusiasts. To manage his growing career, DM Entertainment was established in 1996. However, a dispute arose when Baby Gift House and others began selling miniature dolls featuring Mehendi’s likeness, exploiting his popularity without authorization.

DM Entertainment, representing Mehendi’s interests, sought a permanent injunction against the defendants, claiming infringement of the artist’s right of publicity and false endorsement, which they argued amounted to passing off. The plaintiff asserted that they held all rights, titles, and interests related to the artist’s persona and trademark, “Daler Mehendi.”

The plaintiff contended that the defendants’ unauthorized use of Mehendi’s image for commercial gain misled the public into believing that the products were endorsed by or associated with the artist. They argued that such exploitation, done without proper permission, infringed on Mehendi’s right to publicity.

This case was notable as it addressed character merchandising, an area of law that remains largely uncharted in India. It was the first case to recognize and uphold the publicity rights of a celebrity in the context of merchandising.