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Delhi High Court Rules on Doosra Film's Use of Sourav Ganguly's Persona

The Delhi High Court has ruled that the film Doosra infringes upon the personality and publicity rights of former Indian cricket captain Sourav Ganguly. The court has mandated that the filmmakers include a disclaimer and provide a substantial bank guarantee. This ruling follows a lawsuit filed by Ganguly and Luv Films LLP, which holds the rights to create an authorized biographical film about him. The court's decision highlights the importance of consent in the use of a public figure's persona in media. Read on to learn more about the implications of this ruling and the background of the case.
 

Delhi High Court Decision on Doosra

On Friday, the Delhi High Court determined that the film Doosra violates the personality and publicity rights of former Indian cricket captain Sourav Ganguly. The court imposed several conditions on the filmmakers, including the requirement to display a significant disclaimer and to provide a bank guarantee of Rs 2 crore. Justice Tejas Karia remarked that Ganguly's persona and the events linked to his cricket career are so intertwined with the film's narrative that it would be impractical to separate those elements at this point.


Court's Requirements for Disclaimer and Financial Assurance

The court instructed Ramesh Deo Productions Private Limited, the producer of Doosra, to include a disclaimer in both Hindi and English at the start and end of the film. This disclaimer must clearly state that Ganguly did not authorize the use of his persona in the film and that the movie does not aim to infringe upon his personality or publicity rights. The filmmakers have been given a two-day window to comply with this directive. Additionally, the court mandated that the producers submit an unconditional bank guarantee of Rs 2 crore to the Registrar of the High Court within two weeks. Justice Karia emphasized that non-compliance with any of these conditions would prevent the defendants from commercially exploiting the film or any of its components.


Details of the Lawsuit

This ruling follows a lawsuit initiated by Ganguly in conjunction with Luv Films LLP, which holds the rights to create an authorized biographical film about the former cricket captain's life and career. The plaintiffs claimed that Doosra exploits recognizable events and characteristics associated with Ganguly without his consent. Their concerns particularly focused on references to his leadership during the historic 2002 NatWest Series final and his iconic shirtless celebration from the Lord's balcony after India's victory.


Claims of Unauthorized Usage

Ganguly and Luv Films sought to halt the film's theatrical, digital, and other releases. They also contested its promotional activities, arguing that Ganguly's identity, likeness, and significant moments from his cricket career were being utilized without permission. Legal representatives Gitika Aggarwal, Jaya Goyal, Arjun Aggarwal, Manpreet Kaur, and Mehak represented Ganguly and Luv Films, with the lawsuit filed through Neo Juris Advocates & Solicitors.


The lawsuit states that Ganguly entered into an agreement with Luv Films on August 5, 2021, granting them exclusive rights to develop and commercially exploit audiovisual content based on his life and cricketing journey. Luv Films indicated that they had invested significantly in the authorized biographical project, Dada – The Sourav Ganguly Story, which is set to release on May 14, 2027. The controversy emerged following the launch of the trailer and promotional campaign for Doosra on October 12, which prominently referenced Ganguly's captaincy and India's celebrated victory in the 2002 NatWest Series final, including his memorable shirtless celebration. Ganguly and Luv Films argued that these references were used to gain commercial advantage from his reputation and public persona, potentially misleading the public into believing that the former cricketer endorsed the film.