Relief For Karan Johar As Bombay High Court Refuses To Permit Release Of 'Shaadi Ke Director Karan Aur Johar' Film

In a big win for film-maker and producer Karan Johar, the Bombay High Court on Friday refused to lift the stay on the release of a film "Shaadi Ke Director Karan Aur Johar" which was imposed in June last year.

Single-judge Justice Riyaz Chagla said 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 judge said by making absolute, the interim stay it granted against the release of the film on June 13, 2024. 

The judge noted that Johar has directed and produced several blockbuster films and has garnered "immense goodwill and reputation" in the media and entertainment industry in India and globally.

"The Defendants by using the name 'Karan' 'Johar' in relation to the said film would in my prima facie view commercially exploit the brand name obtained by the Plaintiff and which the Plaintiff alone has economic rights to commercially exploit as per his discretion," the judge opined. 

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 court 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."

The judge noted that though "Karan" and "Johar" are shown to be names of two different persons, but in several scenes of the film, the said names are taken 'conjointly' as "Karan Johar."

"This would go to show that the Respondents are well aware that such direct and indirect references to the Plaintiff would be noticed by the general public when they view the film. Thus a clear attempt has been made to ride upon the goodwill and reputation of the Plaintiff," the judge said. 

Further, Justice Chagla noted that though the Central Board of Film Certification (CBFC) has granted a certificate to the film in question, however, the CBFC while granting certification is governed by the principles laid down in Section 5B of the Cinematographic Act, 1956 and the guidelines laid down in furtherance thereof and which do not contemplate an examination or evaluation as to whether the film violates the personal rights, publicity rights, privacy rights or brand name.

"Merely because CBFC certificate has been obtained for the said film, the same does not restrict the Plaintiff's right to take action against the said film for violation of the Plaintiff's rights," the judge clarified. 

As regards the argument of the makers that they will put a 'disclaimer' before the film stating that the film has nothing to do with Karan Johar, the judge said that cut a disclaimer does not protects the personality right and brand name of the Plaintiff and hence is not an adequate remedy.

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:

Senior Advocate Zal Andhyarujina along with advocates Rashmin Khandekar, Parag Khandhar, Pranita Saboo, Anaheeta Verma, Pratyusha Dhodda and Shayan Bisney instructed by DSK Legal appeared for the Plaintiff.

Advocates Ashok Saraogi, Anand Mishra, Sushil Upadhyay, Amit Dubey, Siddharth Singh and Priti Rao represented the Defendants. 

Case Title: Karan Johar vs India Pride Advisory Private Ltd (Commercial IPR Suit 17863 of 2024)

Citation: 2025 LiveLaw (Bom) 87

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