Delhi HC finds ‘Doosra’ prima facie violative of Sourav Ganguly’s personality rights, orders makers to provide Rs 2 crore bank guarantee

NEW DELHI: The Delhi High Court on Friday held that the film Doosra prima facie violated the personality and publicity rights of former India captain Sourav Ganguly and ordered its producers to provide an unconditional bank guarantee of Rs 2 crore while refusing to stop the release of the film.Justice Tejas Karia noted that Gangula’s personality and publicity rights were so intertwined with the film’s story that it would not be possible to remove the infringing portions. However, the court stopped short of granting Ganguly’s request to restrict the film’s release and commercial exhibition.According to a Bar and Bench report, the court directed Ramesh Deo Productions Private Limited, the makers of Doosra, to furnish a bank guarantee with the registrar within two weeks. He also ordered the producers to carry disclaimers in both Hindi and English at the beginning and end of the film within two days of the order.The statements must clearly state that Ganguly did not consent to the use of his persona in the film and that the film was not intended to infringe on his personality and publicity rights.The court warned that failure to meet any of the conditions would result in the makers and anyone acting on their behalf being restrained from commercially exploiting the film or any aspect of it.

Ganguly objects to NatWest’s use of Lord’s final, iconic celebration

The order came on a petition by Ganguly and Luv Films LLP, which sought to curb the theatrical, digital and other releases of Doosra, along with the circulation of promotional materials that allegedly use the former cricketer’s name, likeness, likeness and iconic career moments without permission.At the center of the dispute are references to Ganguly’s captaincy and India’s historic victory in the 2002 NatWest series final against England at Lord’s, including his famous shirtless celebration in the balcony. Ganguly and Luv Films argued that the film and its promotional campaign made commercial use of his identity and reputation, potentially creating the impression that he was associated with or endorsed the project.They also cited the film’s trailer and promotional campaign, which launched on 12 October, as well as an interview on 13 October in which director Abhinay Deo discussed how the NatWest finals and milestones in Ganguly’s career influenced the film’s fictional character Tara.

Dispute over exclusive rights to Ganguly biopic

The lawsuit also sparked a contractual dispute between the Gangulys and Luv Films. According to the petition, Ganguly entered into an agreement with the production house on 5 August 2021, giving it exclusive rights to develop, produce and commercially exploit audiovisual content, including a biopic based on his life and cricket career.Luv Films claimed to have invested heavily in an authorized biopic titled Dada – The Sourav Ganguly Story, which is slated to release on May 14, 2027.The petitioners alleged that Doosra’s references to Ganguly’s career and iconic moments constituted an unauthorized commercial exploitation of his personality rights and violated the production house’s exclusive contractual rights over the proposed biopic.