Shaadi Ke Director Karan Aur Johar: HC refuses to lift stay on release of movie

A single-judge bench of justice RI Chagla said that releasing a movie with such a title would inevitably result in people directly associating it with Johar

MUMBAI: The Bombay high court on Friday refused to allow the release of the film Shaadi Ke Director Karan Aur Johar, observing that the title and content of the film violated filmmaker and producer Karan Johar’s privacy and personality rights, and infringed his brand value.

Mumbai: Bollywood actor Karan Johar attends the premiere of Netflix series "Heeramandi: The Diamond Bazaar" directed by Sanjay Leela Bhansali, in Mumbai, Wednesday, April 24, 2024. (PTI Photo) (PTI04_25_2024_000067A) (PTI)

A single-judge bench of justice RI Chagla said that releasing a movie with such a title would inevitably result in people directly associating it with Johar.

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 had 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 has 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 popular 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 was 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, the bench on Friday granted an injunction against the release of the film. The court held that the unauthorised use of Johar’s name and personality attributes violates 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 that may be caused in the minds of the public. “By such understanding, the respondents are destroying the concepts of intellectual property rights and brand name,” it said.

The bench also rejected the defendant’s argument that Johar had left it too late to take legal action as the movie had already been certified by the Central Bureau of Film Certification (CBFC). “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 bench said.

Relying on the strong case made out in favour of Johar, the bench concluded that “irreparable injury would be caused to the plaintiff in the event interim relief is not granted by this court”.