The Delhi High Court ruled the film Doosra infringes Sourav Ganguly’s personality rights, ordering a mandatory disclaimer and a Rs 2 crore bank guarantee for using his likeness and iconic cricketing moments without authorization.
Delhi High Court Ruling on Film Doosra
The Delhi High Court on Friday held that the film Doosra infringes the personality and publicity rights of former Indian cricket captain Sourav Ganguly and imposed a series of conditions on its makers, including the display of a prominent disclaimer and the furnishing of a Rs 2 crore unconditional bank guarantee. Justice Tejas Karia, however, noted that Ganguly’s persona and the events associated with his cricketing career were so closely connected with the narrative of the film that it would not be feasible at this stage to separate and remove those portions from the movie.
Court Mandates Disclaimer and Financial Guarantee
The Court consequently directed Ramesh Deo Productions Private Limited, the maker of Doosra, to insert a disclaimer in both Hindi and English at the beginning and conclusion of the film. The disclaimer must expressly clarify that Ganguly did not consent to the use of his persona in the movie and that the film is not intended to infringe his personality or publicity rights. The filmmakers have been given two days to comply with the direction. In a further safeguard, the Court directed the producers to furnish an unconditional bank guarantee of Rs 2 crore with the Registrar of the High Court within two weeks. Justice Karia made it clear that failure to comply with any of the conditions imposed by the Court would result in the defendants being restrained from commercially exploiting the film or any part or aspect of it.
Background of the Lawsuit
The order came on a lawsuit filed by Ganguly along with Luv Films LLP, which has acquired contractual rights to develop an authorised biographical film based on the former India captain’s life and career. The plaintiffs had alleged that Doosra commercially exploited recognisable incidents and attributes associated with Ganguly without his permission. Their objections centred particularly on references to his leadership of the Indian cricket team during the historic 2002 NatWest Series final and his famous shirtless celebration from the Lord’s balcony after India’s victory.
Allegations of Unauthorized Use
Ganguly and Luv Films had sought to stop the theatrical, digital and other forms of release of the film. They had also challenged its promotional campaign, alleging that Ganguly’s identity, likeness and iconic moments from his cricketing career were being used without authorisation. Advocates Gitika Aggarwal, Jaya Goyal, Arjun Aggarwal, Manpreet Kaur and Mehak appeared for Ganguly and Luv Films. The lawsuit was instituted through Neo Juris Advocates & Solicitors.
According to the suit, Ganguly entered into an agreement with Luv Films on August 5, 2021, granting the company exclusive rights to develop and commercially exploit audiovisual content based on his life and cricketing journey. Luv Films stated that it had made substantial investments in the authorised biographical project, Dada – The Sourav Ganguly Story, which is slated for release on May 14, 2027. The plaintiffs said the controversy arose after the trailer and promotional campaign for Doosra were launched on October 12. They alleged that the promotional material made prominent references to Ganguly’s captaincy and India’s famous triumph in the 2002 NatWest Series final at Lord’s, including his memorable shirtless celebration. According to Ganguly and Luv Films, the references were used to derive commercial benefit from his reputation and public persona and could also create an impression that the former cricketer was associated with or had endorsed the film.
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