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The Delhi High Court has directed unidentified parties to remove deepfake videos on social media that featured the trademark of Medanta Hospital and its chairman, Dr Naresh Trehan.
The court noted that the intent behind these posts was to deceive and mislead the public by promoting the sale of unapproved and uncertified medicines and natural remedies. In an order passed on January 8, the bench of Justice Mini Pushkarna stated that the plaintiffs have established a prima facie case for the grant of an injunction. The court noted that if no ex parte ad interim injunction is granted, the plaintiffs would suffer irreparable harm. Additionally, the balance of convenience favoured the plaintiffs and was against the defendants. The suit claims that the fraudulent videos were designed to deceive and mislead viewers by falsely portraying Dr Naresh Trehan, Chairman of the Heart Institute and Chief Cardiac Surgeon at Medanta - The Medicity Hospital, as promoting a cure for urological issues, which are typically treated by urology specialists. It is further argued that the use of Dr Trehan's face, voice, and the visibility of Medanta's trademark and logo was intentional and fraudulent, aimed at misleading the public about medical conditions related to urology and their treatment, without any certified medical evidence to support such claims. This, the plaintiffs contend, infringes upon their rights and damages the goodwill they have built. The suit asserts that the publication of these fraudulent videos, which use Dr Trehan's likeness and voice alongside the Medanta mark and logo, was made with malicious intent and an ulterior motive. The defendants are accused of attempting to mislead viewers and gain an unfair market advantage by falsely presenting the video as an endorsement or advice from the plaintiffs concerning prostate inflammation. (ANI)
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