Mumbai: The Bombay High Court on Thursday in an interim order restrained the makers of the film "Shaadi Ke Director Karan Aur Johar" from using the name of filmmaker Karan Johar and his personal characteristics in the title or the film, observing that this Such unauthorized use has infringed his name. Fundamental Rights.
A single bench of Justice RI Chagla said that the film will not be released in theaters or on any social media platform unless Karan Johar's name and references to his personal characteristics are removed from the title and the film. This film was scheduled to release on June 14.
The court said, prima facie, the film's producer is targeting Karan Johar and the use of his name and personal characteristics without permission is a violation of the fundamental rights of the film producer and his personality rights.Karan Johar had moved the high court seeking a permanent injunction and restraining order against the film's producers IndiaPride Advisory and Sanjay Singh and writer and director Bablu Singh from using his name in the title of the film.
Johar's lawyer Zaal Andhyarjun said that the filmmaker's name was being used unauthorized and the defendants (producers of the film) had the ulterior motive of gaining unfair and unlawful advantage by using the name.
Johar, in his petition filed through DSK Legal, also said that the producers were using his goodwill and reputation without his permission.
The bench, while allowing Johar's interim application, said that the word director has been used in the title of the film and the names of Karan and Johar have also been used.
“The title says about the director…it refers to him (Karan Johar).I saw the trailer. The names Karan and Johar do not refer to two different persons. Prima facie, it seems that they (producers of the film) are targeting him (Johar) saying that his celebrity status is undoubted, he has created and produced many films which were hits at the box office.
The bench said that such unauthorized use of a person's name or his personal characteristics is actually a violation of fundamental rights.
The court said, “Nobody can use the name of a person without his permission.This is a violation of their fundamental rights."
Justice Chhagla said a strong prima facie case has been made out to protect Johar's personality rights, as he has a celebrity status which is evident from the many blockbuster films he has directed and produced.
Justice Chagla said, "There is no doubt that Karan Johar has played a great role in transforming the Bollywood industry and has launched many people as actors."
"Prima facie I believe that the film is a direct reference to the plaintiff (Johar) and makes unauthorized/unlawful use of his name," he said.
The court said that the defendants (producers of the film) have to be restrained from making unauthorized use of Johar's name so that his personality rights and fundamental rights are not violated.The court also noted that the defendants have failed to appear despite notices being issued by the plaintiff.
"It is clear from the conduct of the respondents that they did not even bother to appear before this Court to contest the claims made by Karan Johar," the HC said.
The court fixed the next hearing of the case on July 10.
A single bench of Justice RI Chagla said that the film will not be released in theaters or on any social media platform unless Karan Johar's name and references to his personal characteristics are removed from the title and the film. This film was scheduled to release on June 14.
The court said, prima facie, the film's producer is targeting Karan Johar and the use of his name and personal characteristics without permission is a violation of the fundamental rights of the film producer and his personality rights.Karan Johar had moved the high court seeking a permanent injunction and restraining order against the film's producers IndiaPride Advisory and Sanjay Singh and writer and director Bablu Singh from using his name in the title of the film.
Johar's lawyer Zaal Andhyarjun said that the filmmaker's name was being used unauthorized and the defendants (producers of the film) had the ulterior motive of gaining unfair and unlawful advantage by using the name.
Johar, in his petition filed through DSK Legal, also said that the producers were using his goodwill and reputation without his permission.
The bench, while allowing Johar's interim application, said that the word director has been used in the title of the film and the names of Karan and Johar have also been used.
“The title says about the director…it refers to him (Karan Johar).I saw the trailer. The names Karan and Johar do not refer to two different persons. Prima facie, it seems that they (producers of the film) are targeting him (Johar) saying that his celebrity status is undoubted, he has created and produced many films which were hits at the box office.
The bench said that such unauthorized use of a person's name or his personal characteristics is actually a violation of fundamental rights.
The court said, “Nobody can use the name of a person without his permission.This is a violation of their fundamental rights."
Justice Chhagla said a strong prima facie case has been made out to protect Johar's personality rights, as he has a celebrity status which is evident from the many blockbuster films he has directed and produced.
Justice Chagla said, "There is no doubt that Karan Johar has played a great role in transforming the Bollywood industry and has launched many people as actors."
"Prima facie I believe that the film is a direct reference to the plaintiff (Johar) and makes unauthorized/unlawful use of his name," he said.
The court said that the defendants (producers of the film) have to be restrained from making unauthorized use of Johar's name so that his personality rights and fundamental rights are not violated.The court also noted that the defendants have failed to appear despite notices being issued by the plaintiff.
"It is clear from the conduct of the respondents that they did not even bother to appear before this Court to contest the claims made by Karan Johar," the HC said.
The court fixed the next hearing of the case on July 10.