Bombay High Court Refuses To Lift Stay On Release Of Film 'Shaadi Ke Director Karan Aur Johar'

The Bombay High Court on Wednesday upheld a March 7, 2025 judgment of a single-judge, who refused to lift the stay on the release of the film 'Shaadi Ke Director Karan Aur Johar' which was imposed in June 2024 after noting that the same infringes the personality rights of Bollywood film director and producer Karan Johar. 

A division bench of Chief Justice Alok Aradhe and Justice Makarand Karnik heard the appeal filed by the makers of the film in question, who challenged Justice Riyaz Chagla's March 7 2025 judgment, by which the single-judge had made absolute an interim order passed on June 13, 2024, staying the release of the film.

In its judgment, the division bench opined that Johar's name has become a brand name and it has obtained a brand value.

"The names 'Karan' 'Johar' when used together as done by the Appellant in relation to the said film clearly identifies the Respondent No.1 (Johar), who is a well known public figure and he is identifiable by his name itself by public at large. We are in agreement with the argument that since Johar's name has become his brand name, he has the economic right to commercially exploit the same as per his discretion," the judges said. 

The bench junked the argument that the film in question has nothing to do with Johar's name as it opined that using the name “Karan” and “Johar” in the title of the film together along with “directors” clearly indicate the intention of the Appellant to use the brand name of Johar, to attract the audience and violate his goodwill and reputation, right to privacy and personality right.

"The name 'Karan Johar' is solely associated with the Respondent No.1 and forms a germane part of his personality and brand name. Further, it is an admitted position that the two characters 'Karan' and 'Johar' play the role of Bollywood film directors in the said film. Thus, the juxtaposition of the name of the characters in the film and their profession in the film, makes a direct reference to only Johar and nobody else. The submission of the Senior Advocate that the general public would associate the film with Johar on the basis of the title of the said film has merit," the judges said.

The bench, therefore, concluded that there was no scope to interfere with the impugned order in this Appeal.

Notably, Justice Chagla as a single-judge had on June 13, 2024 had stayed the release of the film observing that a 'strong prima facie' case was made out by Johar 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 (Johar) has played a role in transforming the Bollywood film industry and launched careers of several successful actors. I have no doubt that prima facie the subject film is a direct reference to the plaintiff and makes unauthorised use of plaintiff's name," Justice Chagla had held in the interim order. 

Confirming the said interim order, Justice Chagla by a detailed judgment on March 7, this year, held that the makers of the film 'unauthorisedly' by using Johar's name and personality attributes in the title of their film, prima facie, violated his personality rights, publicity rights and also his right to privacy.

"Further, the Plaintiff (Johar) has been able to establish that by using his brand name the defendants (makers) are attempting to ride upon the goodwill and reputation of the Plaintiff to earn unjust profits for itself. In the light of these circumstances, the relief sought for by the Plaintiff requires to be granted," the single-judge said by making absolute, the interim stay it granted against the release of the film.

The single-judge had further held that the film-makers of the film in question, by using the name 'Karan' 'Johar' in relation to the said film would commercially exploit the brand name obtained by Johar and which he alone has economic rights to commercially exploit as per his discretion.

Notably, the plot of the film is about two protagonists namely “Karan” and “Johar”, who play the role of characters that professionally attempt to become film directors in Bollywood industry. The single-judge noted the same and said that by conjointly using “Director”, which is the profession, along with the name of the Plaintiff and the plot of the film, "there is a direct and undeniable reference drawn to the Plaintiff."

Background:

Johar in his suit claimed that 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 infringed on Johar's personality rights, right to publicity, and right to privacy.

The plaint asserted that the film's title directly referred to Johar's name, unlawfully exploiting his brand, reputation, and goodwill without authorisation. 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 plaint stated 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 granted 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 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.

Appearance:

Advocates Ashok Saraogi, Anand Mishra, Sushil Upadhyay, Amit Dubey, Siddharth Singh, Priti Rao and Kavya Smriti appeared for the Appellant.

Senior Advocate Zal Andhyarujina along with Advocates Rashmin Khandekar, Parag Khandhar, Pranita Saboo, Anaheeta Verma and Pratyusha Dhoda instructed by DSK Legal represented Karan Johar.

Case Title: Sanjay Girish Kumar Singh vs Karan Johar alias Rahul Johar (Commercial Appeal (L) 9786 of 2025)

Click Here To Read/Download Judgment