Mumbai: The Bombay High Court on Friday refused to lift the stay on the release of movie ‘Shaadi Ke Director Karan aur Johar’, ruling that its title prima facie infringes filmmaker Karan Johar’s personality rights.
Justice Riyaz Chagla, hearing the filmmakers’ plea to vacate the interim relief, observed that there was a strong prima facie case of violation of Johar’s personality and publicity rights. The court, therefore, made the stay order absolute.
“A strong prima facie case has been made out by the Plaintiff (Johar) that the Respondents (filmmakers) have infringed the Plaintiff’s personality and publicity rights as well as use of the brand name of the Plaintiff. The balance of convenience is in favour of the Plaintiff and that irreparable injury would cause to the Plaintiff in the event interim relief is not granted by this Court,” the judge said.
The High Court had initially restrained the filmmakers from using ‘Karan Johar’ in the title or promotions, noting that such usage could mislead the public into believing Johar was associated with the project.
Johar approached the court in June 2024 against the film’s producers, IndiaPride Advisory, writer Sanjay Singh, and director Bablu Singh, arguing that the title unlawfully used his name, violating his personality and fundamental rights.
He contended that the filmmakers were attempting to capitalise on his goodwill and reputation. The HC granted stay on June 13, 2024, noting that the words ‘Karan’ and ‘Johar’ — especially when combined with ‘Director’ — created the impression that Johar was linked to the film.
The makers recently filed an application to vacate the stay and allow the film’s release. However, the court on Friday rejected their plea, making the stay permanent until the final disposal of Johar’s suit.
The filmmakers argued that changing the title to Karan Aur Johar would resolve the issue. However, the court dismissed this contention, stating: “I do not find merit in the submission on behalf of the Defendant / Respondent No.2 that mere addition of ‘AUR’ in between ‘Karan’ and ‘Johar’ is an adequate solution to avoid any possible confusion… By such understanding, the Respondents are destroying the concepts of intellectual property rights and brand name.”
The judge noted that a Google search of “Karan Aur Johar” still led to Johar’s Wikipedia page and news articles about him, proving that the change did not eliminate the association.
The court held that the unauthorised use of Johar’s name and personality attributes in the title violated his personality rights, publicity rights, and right to privacy. “The Plaintiff has been able to establish that by using his brand name, the Respondents are attempting to ride upon the goodwill and reputation of the Plaintiff to earn unjust profits for itself,” the order stated, refusing to vacate the stay.
