HC refuses to vacate stay on release of film using Karan Johar’s name

MUMBAI: A division bench of the Bombay high court on Wednesday upheld a single-judge bench’s order refusing to allow the release of a film titled Shaadi Ke Director Karan aur Johar, observing that the title and content of the movie violated filmmaker Karan Johar’s privacy and personality rights and infringed on his brand value.

The division bench of chief justice Alok Aradhe and justice MS Karnik rejected an appeal filed by the film’s producers challenging the stay on the release granted by a single-judge bench of justice RI Chagla on March 7. The bench stated that releasing a movie with such a title would inevitably result in people directly associating it with Johar.

While the filmmakers urged the court to allow them to release the film with a different name, the court directed them to approach the appropriate bench with the request.

Johar had approached the high court in June 2024, seeking to restrain the film’s producers, Indiapride Advisory Pvt Ltd, from releasing it, stating that the title violated his personality, publicity, and privacy rights. He argued that “unless his consent is taken for using his personal attributes, such as his name and profession, there is a violation of such rights”.

Johar told the court that the filmmakers failed to act on a cease-and-desist notice he had sent them on June 6, 2024, asking them not to use his name in the movie in any manner. Clarifying that he had no connection with the film, Johar submitted that the filmmakers were trying to ride upon his goodwill and reputation by using his name to mislead the public at large.

The filmmaker also alleged that the movie’s script contains defamatory remarks and insinuations against him. He added that the script showed it was an “adult category film”, and if it were released with references to him and his name, it would harm his reputation. The court agreed with Johar and stayed the release of the film on June 13, 2024.

Indiapride Advisory then filed a countersuit in December 2024, seeking to lift the stay order. Advocate Ashok M Saraogi, representing the defendant, alleged that Johar waited until the last moment to approach the court to obtain an ex-parte objection, considering all arrangements for the film’s release had already been made. He also contended that Johar’s name hadn’t been used directly, adding that the makers were willing to make certain changes to the film as required.

Filing a reply to the countersuit, Johar stated that the filmmakers were well aware of the proceedings and still continued with the arrangements for the release. “Having intentionally used my name, the defendant has breached my personality rights, privacy rights, and infringed my brand value,” he argued.

Ruling in favour of Johar, justice Chagla granted an injunction against the release of the film, holding that the unauthorised use of Johar’s name and personality attributes violated his personality rights, publicity rights and right to privacy. It further stated that a mere modification or change in the movie is not an adequate solution to avoid any possible confusion.