Karan Johar Has Right to Protect His Name as Brand, Film Title Violates His Personality & Publicity Rights: Bombay High Court

“Use of the words ‘Director – Karan – Johar’ in any combination is sufficient to create confusion and wrongly associates the film with the Respondent”, - Bombay High Court (Division Bench: Chief Justice Alok Aradhe and Justice M.S. Karnik) addressed an important issue relating to personality rights and the unauthorized commercial use of a celebrity’s name in the title of a film. The court upheld the injunction granted by a single judge restraining the use of the name “Karan Johar” in the title and promotional content of the film Shaadi Ke Director Karan Aur Johar.

Karan Johar Approached Court After Discovering Film Trailer Using His Name Without Consent
Karan Johar, the well-known filmmaker and television personality, filed a Commercial IPR Suit seeking an injunction against the use of his name in a film’s title, alleging infringement of his personality and publicity rights. According to the suit, on June 5, 2024, Johar was shocked to discover a trailer of the film Shaadi Ke Director Karan Aur Johar, prompting his counsel to issue a cease and desist notice on June 6. With no response from the filmmakers, Johar sought ad-interim relief a day before the film’s scheduled release.

Legal Questions Raised: Whether Celebrity Names Can Be Used in Fictional Work Without Consent?
The key legal issue revolved around whether the unauthorised use of a celebrity’s name and identity in fictional work amounts to an infringement of personality and publicity rights. The Appellant (filmmaker Sanjay Singh) contended that “Karan” and “Johar” were used as names of two fictional characters and claimed no connection to Karan Johar. He emphasized that the film had received a censor certificate and included a disclaimer disassociating itself from the celebrity.

“Name ‘Karan Johar’ Has Become a Brand”: Court Recognizes Personality & Publicity Rights
Rejecting the filmmaker’s arguments, the court categorically observed:
“The Respondent No.1’s name has become a brand name and has obtained a brand value and ‘Karan’ ‘Johar’ when used together as done by the Appellant in relation to the said film clearly identifies the Respondent No.1.”
It further held that Johar had the right to commercially exploit his name and reputation, and that:
“The use of the words ‘director’ – ‘Karan’ – ‘Johar’ in any combination is sufficient to create a confusion in the minds of the public…as the same would be directly associated with the name of the Respondent No.1.”
The Court emphasized that this constituted an attempt to “ride upon the goodwill and reputation of the Respondent No.1 to earn unjust profits.”

Dismissing the Argument on CBFC Certification: “Censorship No Defence to Personality Rights Violation”
The Appellant argued that the Central Board of Film Certification (CBFC) had already cleared the film, hence no injunction should be granted. This argument too was firmly rejected. The Bench clarified:
“CBFC does not examine or evaluate whether the film violates personal rights, inter alia, trademarks, personality rights, privacy rights or brand name.”
It also dismissed the effectiveness of a disclaimer stating that the film was unrelated to Karan Johar, holding that such a disclaimer “is not an adequate remedy for protecting the personality and publicity rights of the Respondent No.1.”

Reliance on Supreme Court's Privacy Judgment and International Doctrine of Publicity Rights
In support of its reasoning, the Court invoked the Supreme Court's landmark privacy ruling in Justice K.S. Puttaswamy v. Union of India, highlighting the right of an individual to control the use of their identity. Citing para 625 of that judgment, the Court reaffirmed:
“An individual may be permitted to prevent others from using his image, name and other aspects of his/her personal life and identity for commercial purposes without his/her consent.”

Upholding the Injunction, Court Protects Celebrity Identity from Unauthorized Commercial Exploitation
In conclusion, the Bombay High Court dismissed the commercial appeal and upheld the injunction granted by the single judge. The order prevents the use of Karan Johar’s name in the title or promotional material of the film Shaadi Ke Director Karan Aur Johar, recognizing that such use violates his well-established personality and publicity rights.
This judgment sets a strong precedent on the protection of celebrity identity under Indian intellectual property and privacy jurisprudence.

Date of Decision: 07 May 2025