Mumbai: The Bombay High Court has ordered a stay on the release and promotion of ‘Shaadi Ke Director Karan Aur Johar’, stating that the film violates filmmaker Karan Johar’s personality and publicity rights.
Stating that the filmmaker’s name is quite popular and has got a distinctive identity, Justice RI Chagla ruled that it could not be used commercially without his consent.
“The defendants have used in their title the words Shaadi Ke Director, followed by Karan Aur Johar, which is a direct and undeniable reference to the plaintiff,” the high court said.
Headed by senior counsel Zal Andhyarujina, Karan’s legal team argued that the film sought to “ride upon the goodwill and reputation” of the filmmaker.
“Personality rights are well recognised in India, and a celebrity has the right to commercially exploit their name as per their discretion,” Andhyarujina said.
Represented by advocate Ashok Saraogi, the defendants told the court that ‘Karan’ and ‘Johar’ were names of two different characters in the film. The defendants also argued that the filmmaker approached the court at the last minute.
However, the court rejected this plea.
“The plaintiff is directly identified in the film, and the general public would also connect such references to him,” Justice Chagla said.
Dismissing the argument that a disclaimer would be enough, the court said, “A disclaimer does not protect the personality rights and brand name of the plaintiff and hence is not an adequate remedy.”
When Saraogi told the court that they had obtained a certificate from the Central Board of Film Certification (CBFC), the court said, “Merely because a 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 film can’t be released without the high court’s clearance.
