Strong Case Made Out To Protect Personality Rights: Bombay HC Grants Relief To Karan Johar Against Film “Shadi Ke Director Karan Aur Johar”
|The Bombay High Court granted relief to famous Bollywood Director, Karan Johar against the film “Shadi Ke Director Karan Aur Johar” for violation of his personality rights.
Karan Johar filed an interim application for ad-interim relief against the aforesaid film which was scheduled to be released today, i.e., June 14, 2024.
A Single Bench of Justice R.I. Chagla observed, “In my prima facie view, a strong case has been made out by the Applicant / Plaintiff to protect his personality rights which vests in him, considering that he has celebrity status as borne out from the several blockbuster films which he has directed. These blockbuster films have been referred to in paragraph 6 of the Plaint and there is no manner of doubt that the Plaintiff has played a great role in transforming the Bollywood film industry and launching the careers of several successful actors.”
Senior Advocate Zal Andhyarujina appeared on behalf of the applicant while none appeared on behalf of the defendants.
In this case, Karan Johar filed a suit against Indian Pride Advisory Pvt. Ltd. and the defendants were served by the emails, WhatsApp, Facebook, as well as by hand delivery, but they did not acknowledge the receipt of the plaintiff/applicant’s Advocate notice. In spite of service, they failed to remain present before the court. By the interim application, the applicant sought an order and direction of temporary injunction restraining the defendants their associates/representatives from using his name or any other attributes or reference to his name “Karan Johar”, together or in parts or in any other manner, in the title or in the promotion, endorsement and publicity of the subject film, directly or indirectly or in any manner whatsoever.
Further, the applicant sought order of injunction, restraining defendants from releasing the said film on any mode or medium whatsoever including in theatres or running any promotional materials in relation to the subject film on any mode or social media platform, including but not limited to, the trailers, until the defendants remove the name “Karan Johar” together or in parts, or his attributes from title of the said film.
The High Court in view of the prayers made by the applicant noted, “… it is necessary to note that inspite of the Plaintiff issuing a cease and desist notice dated 6th June, 2024, which is annexed at Exhibit F to the Suit, the Defendants have failed to respond to the cease and desist notice. It is obvious from the conduct of the Defendants that they have not bothered to contest the claim of the Plaintiff as well as appear before this Court.”
The Court said that the subject film titled as “Shadi Ke Director Karan Aur Johar” / “Shadi Ke Director Karan Johar” which is scheduled to be released in the theatres on June 14, makes an unauthorized / unlawful use of the plaintiff’s name and further, the use of the word “Director” with “Karan Johar”, prima facie makes it evident that the defendants are using the personality of the plaintiff.
“The Defendants are thus creating confusion in the minds of the public at large that the subject film is associated with the Plaintiff as the general public will identify and associate the use of the Plaintiff’s name “Karan Johar” with the title of the subject film solely upon becoming aware of the subject film”, it added.
The Court remarked that the defendants by making an unauthorized / unlawful use of plaintiff’s name and the personal attributes of the plaintiff inter alia his name and his profession, violated the personality rights, right to publicity and right to privacy of the plaintiff.
“… this is a fit case for grant of ad-interim relief in terms of prayer Clauses (a) and (b) of the Interim Application … The Advocates for the Plaintiff shall serve notice of this Order on the Defendants. … The Defendants are at liberty to seek variations, modifications and / or vacation of the ad-interim relief by giving at least seven working days notice”, it ordered.
The Court clarified that the ad-interim relief which has been granted shall apply to existing use of the plaintiff’s name or any attributes of the plaintiff in any manner whatsoever.
Accordingly, the High Court granted relief to the applicant and listed the case for further consideration on July 10, 2024.
Cause Title- Karan Johar v. Indian Pride Advisory Pvt. Ltd. & Ors.
Appearance:
Applicant: Senior Advocate Zal Andhyarujina, Advocates Rashmin Khandekar, Shayan Bisney, Parag Khandhar, Tapan Radkar, Krupa Yagnik, Pramita Saboo, and Anaheeta Verma.