The Bombay High Court has stopped the release of the upcoming movie Shaadi Ke Director Karan Aur Johar because it infringes on filmmaker Karan Johar’s name as well as personality rights. The order comes barely a day before the slated release of the film on June 14, 2024.
According to Live Law India, Karan Johar filed a lawsuit against IndiaPride Advisory Pvt. Ltd., makers of the movie, its co-producer Sanjay Singh and director Bablu Singh. He complained that by using his name in the title of their film, they were trading on his brand value and goodwill without his consent for money making purposes.
The judge presiding over this case, Justice R.I.Chagla found it necessary to mention that there exists a strong prima facie case for unauthorized use. According to him, if one looks at the film’s title which reads “Karan Johar” and “director”, people may be led to think that he is associated with the picture.
“In my considered opinion,” said Justice RI Chagla in his order, “the plaintiff has made out a strong prima facie case 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. It is beyond any doubt that the plaintiff has played an instrumental role in revolutionizing Bollywood movies and launching several successful actors’ careers. I have no hesitation in opining that prima facie this subject film is referring specifically to the plaintiff and is misusing his name.”
This argument was raised by Senior Advocate Zal Andhyarujina leading Johar’s legal team who submitted that celebrities are entitled to personality rights comprising of right of privacy as well as publicity. They cited earlier judicial pronouncements where Indian courts had recognized these rights for other celebrities like Rajinikanth and Amitabh Bachchan or Anil Kapoor.
After watching its trailer, the judge said that the film seemed to be “targeting” Johar’s reputation. The court also took notice of the non-appearance of the defendants despite service of summons and notice of injunction application.
The court read their silence as an insult to his claims and a lack of intention to oppose them. Coupled with the title of this movie, it made clear that these producers are riding on an already established name in order to sell their film.
The court passed an ad-interim order restraining release or usage of any promotional material using the name or resemblance of Karan Johar. It will last until 10th July, 2024 when next hearing is scheduled by the court. The defendants could approach for modification or vacation of this order on a seven day intimation being given to Johar.
In filing his lawsuit, Mr. Karan Johar stated clearly that he was concerned with his brand image and goodwill which he believed would be affected after associating his name with such project. He says that years of dedicated work have built his brand value, and the unauthorized use of his name in the film’s title is a form of exploitation.
In this respect, one may see from Johar’s suit how distinctiveness has come to distinguish him because he has been working in Showbiz over time. It is therefore contended that this distinctiveness gives rise to intellectual property entitlements for which names can be controlled by him alone.
It shows the court’s recognition of personality rights for stars in India. The ruling sets a precedent on shielding a celebrity’s name, reputation and goodwill from unauthorized commercial exploitation. In July, this further hearing will decide the future of the film and whether its producers have managed to respond to such concerns raised by the courts.
