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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
| Table of Content |
|---|
| 1. injunction sought regarding film title usage. (Para 1 , 2) |
| 2. rights of the well-known personality. (Para 3 , 4) |
| 3. single judge's findings on personality rights. (Para 5) |
| 4. arguments against the injunction. (Para 6 , 8) |
| 5. court's reference to precedent cases. (Para 9 , 10) |
| 6. privacy rights in publicity contexts. (Para 11 , 12) |
| 7. public figure's reputational rights affirmed. (Para 13 , 14 , 15) |
| 8. economic rights tied to publicity. (Para 16 , 17 , 18 , 19) |
| 9. negative implications of character names. (Para 20 , 21) |
| 10. cbfc certification does not invalidate rights. (Para 22 , 23 , 24) |
| 11. inadequate disclaimer mitigates risk. (Para 25 , 26) |
| 12. court’s discretion in upholding injunction. (Para 27 , 28) |
| 13. final dismissal of appeal. (Para 29 , 30 , 31) |
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
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.
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