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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, M.S.KARNIK
Sanjay S/o. Girish Kumar Singh – Appellant
Versus
Karan Johar also known as Rahul Johar – Respondent
JUDGMENT :
M.S.KARNIK, J.
1. The Appellant/original defendant No.2 in this Appeal under Section 13 of the Commercial Courts Act, 2015 challenges the order dated 7th March 2025 passed by the learned Single Judge of this Court. Before the learned Single Judge the present Respondent No.1 – original plaintiff filed an Interim Application seeking interim injunction restraining the Appellant and Respondent Nos.2 and 3, the original defendants from using the name of the Respondent No.1 – plaintiff - “Karan Johar” together, or in parts and from using the attributes of the personality of the Respondent No.1 in the title of the cinematographic film “Shaadi Ke Director Karan Aur Johar”/”Shaadi Ke Director Karan Johar” (“said film” for short), in the trailers annexed with the Plaint and in any other promotional materials including that which is posted on social media platforms, website of the Appellant, hoardings/advertisements in public places. The said film is co- produced by Appellant No.1 and Respondent No.2. The said film is written and directed by Respondent No.3 – original defendant No.3.
COMMERCIAL IPR SUIT :-
2. The Commercial IPR Suit was urgently filed before the learned Single Judge as
The enforceability of personality and publicity rights protects against unauthorized commercial exploitation of a public figure's name, affirming that such names can constitute intellectual property.
The unauthorized use of a celebrity's name and personality attributes for commercial purposes constitutes an infringement of personality rights, warranting injunctive relief.
Sushant Singh Rajput Actor – Suit for protecting the reputation, privacy and rights of deceased son - Film on actor being publicized and promoted since August, 2020 – Plaintiff’s action belated – Pet....
The court found that posthumous publicity rights of celebrities do not exist under Indian law, as such rights are inherently linked to the right to privacy, which ceases upon death.
The court ruled that the failure to demonstrate distinctiveness and continuous use of the trademark, along with the contextual use in a fictional film, does not establish infringement or disparagemen....
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