A Mumbai court has ordered Selmon Bhoi, a game that sounded and looked like Salman Khan, to be taken down from Google Play Store until the issue is resolved. The order was passed after Salman Khan filed a complaint seeking perpetual injunction against the company, Parody Studios Private Limited and Google LLC. Actor Salman Khan moved a Mumbai civil court against a video game called Selmon Bhai, which is allegedly based on the actor’s hit-and-run case from 2002. The court has ordered temporary restraint on access to the game. The court also directed the makers to immediately take down/ block/disable access to the game from Google Play Store and all other platforms. “Upon watching the game and its images, it prima facie matches with the identity of the plaintiff (Khan) and to the hit-and-run case connected to the plaintiff” the court said. It further said Salman had never given his consent for the game.
Salman Khan had filed an application in the court last month against the developers of the game, claiming that the name and images displayed in the game appeared to be his caricature version. The application claimed that the game Selmon Bhoi is phonetically the same as Salman’s popular name amongst his fans, Salman Bhai. Salman stated in his plea that the title of the game, Selmon Bhoi, sounded phonetically similar to what he is popularly called by his fans – Salman Bhai. He added that the images in the game were also a caricature version of himself. The Bombay High Court in 2015 acquitted Salman of all charges in the 2002 hit-and-run case.
Salman contended that with the game, the company intentionally gained a commercial advantage by exploiting the personality rights of Salman Khan without seeking his consent. Salman added that his reputation and goodwill is at risk by displaying factually incorrect and misleading information about him. The actor also submitted that his right to privacy and to reputation under Article 21 of the Constitution of India was violated.
Additional Sessions Judge, KM Jaiswal, observed that a prima facie case for ad-interim relief is made out as the defendants had used Salman’s identity for their commercial gain. The judge also observed in his order, that the game seemed very similar to Salman’s identity and that the actor had not consented to installing, preparing and running the game and hence, he was deprived of his right to privacy and his image was tarnished.
The Court proceeded to grant ad-interim relief, noting that if not granted, the same will lead to irreparable loss which cannot be compensated in terms of money.
Granting an ad-interim relief to Salman, the Judge directed Parody Studios Private Limited and Google LLC to take down or recall access to the game Selmon Bhoi. The judge further stated that till the next date of hearing the defendants are refrained from relaunching the game or making any derogatory comments against Salman by making the game available.
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