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The Delhi High Court on Friday directed the producers and directors of upcoming film “Doosra” to add disclaimer in the starting and end of the movie clearly stating that it is not intended to infringe the personality rights of former Indian cricket captain Sourav Ganguly.

Justice Tejas Karia directed the producers to state clearly in the disclaimer that the use of Ganguly's name in the movie shall not be construed as an acknowledgement or consent to such use.

The Court observed that selective deletion of the scenes is not a workable alternative and that the film has already been released and therefore, the balance of convenience does not lie in restraining the viewing of film by public.

However, it ordered the film makers to add the disclaimer at the end and beginning of the film, in both English and Hindi languages, which has to be displayed in large fonts. The disclaimer has to be added within two days.

The Court passed the order in the interim injunction application filed by Ganguly in his the suit filed by him and filmmaker Luv Films LLP alleging unauthorised commercial use of Ganguly's personality, identity and professional achievements.

The suit has been filed against the film's producers, director Abhinay Deo, production entities and distributor PVR INOX, among others.

Pronouncing the verdict today, the Court said that the plaintiffs had made out a prima facie case for interim injunction.

It added that the film is not confined to depicting Ganguly's historical events but prima facie indicates that his identity has been employed to generate a commercial interest in the film.

The Court said that the defendants exploited Ganguly's personality rights by unauthorized use of his identity and persona and that the prejudice has resulted in impacting his ability to determine in what manner his personality can be commercially used.

The Court directed the filmmakers to give an unconditional bank guarantee of Rs. 2 crore to the Registrar General to secure the personality rights of Ganguly till pendency of the suit.

It clarified that the order is confined only to the interim application and shall not be construed as an expression on the merits of the suit.

According to the plaint, Ganguly entered into an agreement with Luv Films on August 05, 2021, granting the production house exclusive contractual rights to develop, produce and commercially exploit audiovisual content, including a biographical film, based on his life, personal and professional journey, experiences and achievements.

Luv Films claims to have made substantial investments in the authorised biopic, the shooting of which has been completed. The production house has also stated that it has undertaken licensing of exploitation rights in the project, creating third-party interests.

The plaintiffs contend that the film Doosra, directed by Abhinay Deo, makes prominent and repeated references to Ganguly's leadership of the Indian cricket team, his professional achievements and the iconic moment at Lord's following India's victory in the 2002 NatWest Series.

They allege that the film's trailer and promotional campaign exploit Ganguly's recognisable identity, reputation and goodwill to generate public interest and commercial traction without his consent or authorisation.

The plaintiffs further claim that the unauthorised use of these elements threatens to undermine the commercial value and exclusivity of the rights acquired by Luv Films and prejudice the market positioning of the authorised biopic. 

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