A celebrity's right to control the commercial use of their identity is enforceable, and unauthorized use in a film title constitutes infringement of personality and publicity rights.

JUDGMENT

(PER 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 7^th 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 said film was scheduled to be released in theatres on the next day when the application for ad-interim relief was moved i.e. 14^th June 2024. The Plaint proceeds on the footing that on 5^th June 2024, to the complete shock and surprise of the Respondent No.1, he came across the trailer of the said film to be released in theatres on 14th June 2024. A cease and desist notice dated 6^th June 2024 was issued by the Respondent No.1 through his advocates to the Appellant and Respondent Nos.2 and 3 inter alia calling upon them to immediately cease and desist from using the Respondent No.1’s name in the said film in any manner whatsoever, and to immediately cease and desist from releasing the said film until the Appellant changes or removes the title of the said film as set out in the notice. In view of the Appellant failing to reply to the cease and desist notice despite service, the application was moved by Respondent No.1 for ad-interim reliefs. By an order dated 13^th June 2024 the learned Single Judge granted ad-interim reliefs in terms of prayer clauses (a) and (b) of the Interim Application.

3. The Appellant filed an application under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 for vacating the ad-interim order. The application made for vacating the ad-interim order was treated as a reply and the Interim Application filed by the Respondent No.1 came to be heard by the learned Single Judge. The case of the Respondent No.1 as set out in the Plaint is as under :-

The Respondent No.1 is a well known personality and is entitled to enforce his “personality” and “publicity” rights. The Respondent No.1 is a highly credited and leading Indian Director, Producer, Writer Filmmaker and Television Personality primarily working in the media and entertainment industry and is the recipient of several awards and accolades. The Respondent No.1 has been honoured with Padma Shree, the countries 4^th highest Civilian Award by the Government of India in the year 2020. The Respondent has directed and/or produced several blockbuster films including Kuch Kuch Hota Hai, Kabhi Khushi Kabhi Gham, Kal Ho Na Ho, Dear Zindagi, Brahmastra, Student of the Year, Rocky or Rani Ki Prem Kahani etc. The Respondent No.1 has appeared as a Judge in reality competition shows viz. Jhalak Dikhla Jaa, India’s Got Talent, India’s Next Superstar, Dil Hai Hindustani and Hunarbaaz : Desh Ki Shaan. The Respondent No.1 is