In a significant setback of celebrity endorsement contracts, the Madras High Court has dismissed an appeal filed by actor Tamannaah Bhatia. The actor sought Rs 1 crore in damages from Power Soaps Private Limited, alleging that the company continued to use her images to promote their products even after her contract had expired.
The Legal Battle
The legal dispute dates back to an agreement signed in 2008, when Tamannaah Bhatia was appointed as the brand ambassador for Power Soaps. Under the contract, the actor was required to promote the company's products for a specific period, which was reported to end by October 2009.
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When Tamannaah moved to her next endorsement with other competing brands, she discovered that Power Soaps was still using her likeness for promotional content through 2010-2011. She alleged that even after their contract expired, the company continued to use her images on both product packaging and marketing materials. She argued that this unauthorised use of her personality rights entitled her to Rs 1 crore in damages.
Madras High Court Decision
In April 2017, single-judge Justice T. Ravindran had dismissed her 2011 civil suit. Dissatisfied with that verdict, Bhatia had filed a side appeal in 2018. As reported by Bar and Bench, the Division Bench, comprising Justices P. Velmurugan and K. Govindarajan Thilakavadi, upheld the 2017 single-judge order and found no reason to interfere with the single judge's findings.
The court reiterated that she failed to produce credible evidence to justify her claims of post-contractual misuse of her images and dismissed the suit with costs.
As reported by The Hindu, Justice Ravindran said, "The plaintiff has come forward with the present suit on the basis of unreliable and unacceptable materials and accordingly, unable to establish her case for obtaining the reliefs sought for."
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Power Soap's Stance
During the legal battle, Power Soaps Limited countered the allegations by stating that the actor had not yet achieved significant popularity when their professional relationship began in 2008, and that she was paid a modest sum of Rs 1 lakh for the year-long contract
The company also denied that her endorsement had led to any massive growth in their business and said that they had strictly stopped using her photographs when the contract expired.
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