Fact of the Case:
Karan Johar, a well-known filmmaker and television personality, filed a lawsuit against India Pride Advisory Pvt. Ltd. and others for using his name, "Karan Johar," in the title of the cinematographic film “Shaadi Ke Director Karan Aur Johar.” He alleged that the use of his name without consent violated his personality and publicity rights, causing commercial and reputational harm.
Procedural Background (in Brief):
- The plaintiff discovered the film's trailer on June 5, 2024, and issued a cease-and-desist notice on June 6, 2024.
- As the defendants did not respond, the plaintiff urgently filed a commercial IPR suit and an interim application seeking an injunction.
- The Bombay High Court granted an ad-interim injunction on June 13, 2024, preventing the release of the film.
- The defendants later sought to vacate the injunction but agreed to modify the film's publicity and some content.
Reasoning of the Court:
- Personality and Publicity Rights: The Court recognized that Karan Johar, being a highly reputed public figure, has an economic and legal right to control the use of his name.
- Commercial Exploitation: The Court found that the defendants’ use of "Karan Johar" in the film’s title and dialogues directly associated the film with the plaintiff, attempting to commercially exploit his goodwill.
- Irrelevance of Censor Board Certification: The Court ruled that a CBFC certification does not evaluate violations of personality or publicity rights, so it could not override Johar’s claim.
- Inadequacy of Defendants' Modifications: The Court found that merely adding "Aur" between "Karan" and "Johar" did not remove the association with the plaintiff.
Decision:
The Bombay High Court upheld Karan Johar’s claim and granted an injunction preventing the defendants from using his name in the title and promotional materials of the film. The Court ruled in favor of Johar, confirming that his personality and publicity rights had been infringed.
Case Details:
- Case Title: Karan Johar Vs India Pride Advisory Pvt. Ltd. & Ors.
- Date of Order: March 7, 2025
- Case Number: Comm IPR Suit (L) No. 17863 of 2024
- Name of Court: Bombay High Court
- Name of Hon’ble Judge: Justice R.I. Chagla
