KARAN JOHAR Vs. INDIA PRIDE ADVISORY PRIVATE LTD.

JUDGEMENT

(1.) By this Interim Application the Plaintiff is seeking an interim injunction restraining the Defendants from using the name of the Plaintiff "Karan Johar" together, or in parts and from using the attributes of the personality of the Plaintiff in the title of the cinematographic film "Shaadi Ke Director Karan Aur Johar" / "Shaadi Ke Director Karan Johar" ("said film"), 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 Defendants, hoardings / advertisements in public places. The said film is Coproduced by Defendant No.1 and Defendant No. 2 and written and directed by Defendant No.3.

(2.) The above Commercial IPR Suit had been urgently filed and this Interim Application moved for ad-interim relief, as the said film was scheduled to be released in theaters on the next day of the moving of the application for ad-interim relief i.e. 14/6/2024. The Plaintiff had sought the aforementioned relief in the Interim Application as and by way of ad-interim relief. It was mentioned in the Plaint that on 5/6/2024 to the complete shock and surprise, the Plaintiff had come across the trailer of the said film to be released in theaters on 14/6/2024. A cease and desist notice dtd. 6/6/2024 was issued by the Plaintiff through its advocates to the Defendants inter alia calling upon the Defendants to immediately cease and desist from using the Plaintiff's name in the said film, in any manner whatsoever, and to immediately cease and desist from releasing the said film until the Defendants change or remove the title of the said film as set out in the notice.

(3.) In view of the Defendants failing to reply to the cease and desist notice inspite of the Defendants being served, the present Application was moved for ad-interim relief and by an order dtd. 13/6/2024, this Court had granted ad-interim relief in terms of prayer clauses (a) and (b) of the Interim Application.