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MUMBAI: The Bombay High Court issued an order on Thursday restraining the makers of the film "Shaadi ke Director Karan aur Johar" from using noted filmmaker Karan Johar's name and personal characteristics in the title or the film itself. The court directed that the movie cannot be released in theaters or on any social media platform until all references to Johar are removed from both the title and the content. The movie is slated for release on June 14.
(Also read: What! Karan Johar originally chose THIS actress opposite Shah Rukh Khan, Not Kajol in Kabhi Khushi Kabhie Gham)
Justice Riyaz Chagla, granting interim relief in favor of Johar, observed that the makers of the movie appear to be specifically targeting Johar by using his name and personal attributes without permission, thereby violating his fundamental rights and personality rights.
The High Court was dealing with a lawsuit filed by Johar, seeking a permanent injunction and restraining order against the movie's producers, IndiaPride Advisory and Sanjay Singh, and the writer/director Bablu Singh, to stop them from using his name in the movie's title.
His counsel Zal Andhyarjuna said Johar's name was being used unauthorizedly and that the makers of the film had a malafide intention to obtain unjust and unlawful gain by using Johar's name.
Johar’s plea contended the makers were using his goodwill and reputation without permission.
The judge said that the movie’s title used the terms director, Karan and Johar.
“The title says director...it has to refer to him (Karan Johar). I saw the trailer. The names Karan and Johar do not refer to two different persons,” Justice Chagla said. “Prima facie, it seems they (makers of the movie) are targeting him (Johar). His celebrity status is undoubted. There are a number of films he has made and produced that are all box office hits."
The court emphasized that using a person's name without their consent is impermissible. A strong prima facie case had been made out to protect Johar's personality rights, considering that he has the status of a celebrity that is apparent from the several blockbuster movies he has directed and produced, the court added.
“There is no manner of doubt that Karan Johar has played a great role in transforming the Bollywood industry and has launched several persons as actors,” Justice Chagla added.
“I am of the prima facie view that the movie is a direct reference to the plaintiff (Johar) and makes unauthorised / unlawful use of his name,” Justice Chagla emphasized the need to prevent the defendants from making unauthorized use of Johar's name to safeguard his personality rights and fundamental rights from being violated.
The court noted the defendants' absence despite receiving notices and scheduled the next hearing for July 10.
(Also read: What! Karan Johar originally chose THIS actress opposite Shah Rukh Khan, Not Kajol in Kabhi Khushi Kabhie Gham)
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Credits – Free Press Journal
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