Mumbai: The Bombay High Court on Wednesday upheld a stay on the release of the film Shaadi Ke Director Karan Aur Johar, ruling that its title infringes upon filmmaker Karan Johar’s personality and publicity rights.
A bench comprising Chief Justice Alok Aradhe and Justice M.S. Karnik dismissed an appeal by the film’s maker, Sanjay Singh, against a March order by Justice Riyaz Chagla that had halted the movie’s release following a plea by Johar.
The court observed that Johar enjoys “immense goodwill and reputation” in both Indian and international entertainment industries. “The name ‘Karan Johar’ is solely associated with the respondent No. 1 (Karan Johar) and forms a germane part of his personality and brand name,” it said.
Highlighting that Johar’s name has become a brand in itself, the court noted, “Since Karan Johar’s name has become his brand name, the director has the economic right to commercially exploit the same as per his discretion.” It emphasized that the use of “Karan” and “Johar” together clearly identifies the director and is sufficient to cause confusion among the public.
The court also reaffirmed that Indian courts have consistently recognised the personality and publicity rights of public figures. “The respondent (Johar), being a celebrity, is entitled to the protection of his personality and publicity rights and can claim protection against unauthorised commercial exploitation by third parties,” the order stated.
Rejecting the filmmaker’s offer to add the word “aur” (and) between “Karan” and “Johar” to mitigate confusion, the bench said the combination still implied a link to Johar. “The appellant (Singh) cannot be allowed to exploit the reputation and goodwill of the respondent (Johar) in this manner,” the court concluded.
