Prima Facie Unauthorised Use Of Karan Johar's Name: Bombay High Court Restrains Release Of Film "Shaadi Ke Director Karan Aur Johar"
The Bombay High Court on Thursday restrained the release of the upcoming film “Shaadi Ke Director Karan Aur Johar”, and any promotional material finding a strong prima facie case that the makers have made unauthorised use of filmmaker Karan Johar's name and personality.The court also restrained the makers from using Johar's name or any other attributes or reference to the name...
The Bombay High Court on Thursday restrained the release of the upcoming film “Shaadi Ke Director Karan Aur Johar”, and any promotional material finding a strong prima facie case that the makers have made unauthorised use of filmmaker Karan Johar's name and personality.
The court also restrained the makers from using Johar's name or any other attributes or reference to the name “Karan Johar” in any manner, in the title of the film or in the promotion directly or indirectly including but not limited to all promotional materials etc. which is intended to be sold, promoted or otherwise distributed in relation to the film.
Justice RI Chagla said in his order, “In my view a strong prima facie case has been made out by the plaintiff to protect his personality rights which are vested in him considering that he has the status of celebrity as apparent from several blockbuster films which he has directed and produced. There is no manner of doubt that the plaintiff has played a role in transforming the Bollywood film industry and launched careers of several successful actors. I have to doubt that prima facie the subject film is a direct reference to the plaintiff and makes unauthorised use of plaintiff's name.”
Johar has filed a suit in the High Court against the makers of the film, which is set to release on Friday, seeking to prevent the use of his name in the film's title.
Johar has also filed an interim application seeking urgent relief of restraining the film's release during the pendency of the suit.
During the hearing today, Senior Advocate Zal Andhyarujina for Johar said that anyone who has attained celebrity status has personality rights including right to publicity and right to privacy under the common law. He cited various cases by celebrities such as Rajinikanth, Anil Kapoor, Amitabh Bachchan, Jackie Shroff etc. in which courts have recognised their personality rights.
The court remarked that prima facie the film is attributable to Karan Johar because the title says director and Karan Johar is a director. “I have seen the trailer also...Prima facie it appears that they are targeting him”, the court said.
The court noted that despite the service of the plaint and the interim application, the makers failed to appear before the court. It said:
“It is obvious from the conduct of the defendant that they have not bothered to contest the claims made by the plaintiff as well as appear before this court.”
The court observed that the use of Karan Johar's name makes it evident that the makers are using the personality of Karan Johar.
“The defendants are creating confusion in the minds of the public at large that it is associated with him as the general public will immediately identify and associate the use of the name “Karan” and “Johar” together in the title of the said film solely with the Plaintiff upon becoming aware of the title of the said film”, the court stated.
The court noted that Madras HC and Delhi HC have protected the personality rights vested in persons who has attained the status of celebrity. The plaintiff is seeking similar protection for his personality rights and privacy, it said.
The court granted liberty to the defendants to seek variation, modification or vacation of this order by giving at least 7 days' notice to the plaintiff.
The court clarified that the the ad interim relief applies to existing use of Johar's name and attributes in any manner whatsoever, and placed the matter for further consideration on July 10, 2024.
Background –
Johar in his suit claims he has no affiliation with the film and that the defendants are unlawfully using his name. The film, co-produced by IndiaPride Advisory Pvt. Ltd. And Sanjay Singh and directed by Bablu Singh, allegedly infringes on Johar's personality rights, right to publicity, and right to privacy.
The plaint asserts that the film's title directly references Johar's name, unlawfully exploiting his brand, reputation, and goodwill without authorization. The plea states that the unauthorized use of his name in the film's title is intended to capitalize on his established reputation, which is not permissible under the law.
The defendants, by using “Karan Aur Johar” or “Karan Johar” in their film's title, are allegedly exploiting Johar's brand name without authorization, leveraging his goodwill and reputation.
The plaint states that Johar's name has acquired a distinctive identity and secondary meaning due to his widespread popularity in media and entertainment, particularly Bollywood. This status under intellectual property laws grants Johar the right to prevent others from using his well-known and distinctive name and, as a public figure, Johar has the right to protect his privacy and personality, the plaint states.
Johar has contended that the release of trailers and promotional material is causing and will continue to cause irreparable damage to his reputation and goodwill, built over years of dedicated work and investment.
Senior Advocate Zal Andhyarujina and Advocates Rashmin Khandekar, Shayan Bisney, Parag Khandhar, Tapan Radkar, Krupa Yagnik, Pramita Saboo and Anaheeta Verma i/b. DSK Legal represented Karan Johar
Case Title – Karan Johar v. IndiaPride Advisory Pvt. Ltd. And Ors.