Delhi HC flags Doosra's violation of Ganguly's rights, orders Rs 2 crore guarantee

NEW DELHI: The Delhi High Court on Friday held that the film Doosra prima facie violated former India captain Sourav Ganguly’s personality and publicity rights, directing its producers to furnish an unconditional bank guarantee of Rs 2 crore while refusing to halt the film’s theatrical run.

Justice Tejas Karia observed that Ganguly’s personality and publicity rights were so intertwined with the story of the film that it would not be feasible to remove the infringing portions. The court, however, stopped short of granting Ganguly’s request to restrain the film’s release and commercial exhibition.

As per Bar and Bench report, the court directed Ramesh Deo Productions Private Limited, the makers of Doosra, to furnish the bank guarantee with पहुँच the registrar within two weeks. It 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 disclaimers must clearly state that Ganguly had not consented to the use of his persona in the film and that the movie was not intended to violate his personality and publicity rights. The court warned that failure to comply with any of the conditions would result in the makers and anyone acting on their behalf being restrained from making commercial use of the film or any of its aspects.

The order came on a plea filed by Ganguly and Luv Films LLP, which sought to restrain the theatrical, digital and other releases of Doosra, along with the circulation of promotional material allegedly using the former cricketer’s name, image, likeness and iconic career moments without authorisation.

At the centre 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 on the balcony. Ganguly and Luv Films alleged that the film and its promotional campaign commercially exploited his identity and reputation, potentially creating an impression that he was associated with or had endorsed the project.

They also cited the film’s trailer and promotional campaign, launched on October 12, as well as an October 13 interview in which director Abhinay Deo discussed how the NatWest final and milestones in Ganguly’s career had influenced the film’s fictional character, Tara.

The suit also raised a contractual dispute between Ganguly and Luv Films. According to the petition, Ganguly entered into an agreement with the production house on August 5, 2021, granting it exclusive rights to develop, produce and commercially exploit audiovisual content, including a biographical film based on his life and cricketing career.

Luv Films claimed to have made substantial investments in the authorised biopic, titled Dada – The Sourav Ganguly Story, which is scheduled for release on May 14, 2027. The petitioners argued that Doosra's references to Ganguly’s career and iconic moments amounted to unauthorised commercial exploitation of his personality rights and infringed the production house’s exclusive contractual rights over the proposed biopic.