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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,
6
th
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
Respondent by themselves, their Directors, principal officers,
successors-in-business, assigns, servants, agents, distributors,
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
Respondent by themselves, their Directors, principal officers,
successors-in-business, assigns, servants, agents, distributors,
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