Justice S Tamilvanan, before whom the suit of Rajinikanth came up for hearing on Wednesday, granted interim injunction restraining the film's Mumbai-based producer from releasing the film, said: "The person in the caricature is in the same style of popular actor Rajinikanth, and the wordings available therein, would show that the person is a CBI Officer, stupid, part-time social worker, part-time contract killer etc. and describing the person as a womanizer."
In his petition, Rajinikanth dwelt at length about his stature and his personal policy of not endorsing any product or film or write-up using his name or personality, as it might mislead his 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.
Noting that the producer neither approached him nor got Rajinikanth's consent or permission either written or oral to use his name/caricature/image/style of delivering dialogue in the film, he said the company 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, he said.
Rajnikanth, TOI Photo
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."
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 film.
Justice Tamilvanan granted the interim relief citing a Supreme Court order that no one was free to trade on another's name or appearance and claim immunity. "As per Article 21 of the Constitution, everyone is entitled to lead a dignified life and no one can cause damage to the fame or reputation to any person against law," he said.
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