The Delhi High Court on Thursday refused to stay the release of ‘Doosra’, an upcoming film challenged by former Indian cricket captain Sourav Ganguly over alleged unauthorised use of his personality rights, according to Livelaw.
Justice Dinesh Bhatt declined to grant an interim stay, saying, “I am simply keeping it for tomorrow. No stay.” Ganguly and Luv Films LLP filed the suit against the production entities, the filmmakers, and PVR, and the court urgently listed it for hearing ahead of the film’s scheduled theatrical release on October 23, 2026. The plaintiffs allege that the film commercially exploits Ganguly’s identity, reputation, and professional achievements without his consent, and that it could affect an authorised biopic Luv Films is developing.
Arguments before the court: Ganguly’s counsel argued that the filmmakers had not obtained a licence from him to use his identity and achievements. She contended that Ganguly effectively serves as the film’s pseudo hero, pointing to references to his career in the trailer and the director’s interview. According to the plaintiffs, around one-third of the trailer features footage of Ganguly.
However, the defendants’ counsel argued that Doosra, directed by Abhinay Deo, is not a biopic. Instead, it follows a girl from Rajasthan who draws inspiration from Ganguly. They also submitted that the production had obtained the necessary licence from the Board of Control for Cricket in India (BCCI) or the authorised rights holder to use footage from the 2002 NatWest Series. They argued that Ganguly does not hold rights over the footage.
The plaint states that Ganguly entered into an agreement with Luv Films on August 5, 2021, granting it exclusive contractual rights to develop, produce and commercially exploit audiovisual content based on his life and career, including a biographical film. Luv Films claims to have completed shooting the authorised biopic, made substantial investments and licensed exploitation rights, creating third-party interests.
The plaintiffs contend that Doosra uses references to Ganguly’s leadership, achievements and iconic shirt-waving celebration at Lord’s after India’s 2002 NatWest Series victory to attract audiences without authorisation.
Court examines the scope of personality rights: The Delhi High Court examined the scope of personality rights while hearing suits involving actors Janhvi Kapoor and Vivek Oberoi, as well as Aaradhya Bachchan, as it sought to establish principles for deciding such claims. Justice Anup Jairam Bhambhani asked who qualifies as a celebrity, how widely a person must be recognised, and whether public recognition alone allows someone to claim personality rights. He also questioned how far such rights extend to family members.
Gautam Bhatia, appointed amicus curiae in Kapoor’s suit, argued that courts should distinguish between separate legal claims instead of issuing sweeping injunctions. In his written submissions dated October 2, 2026, he proposed a four-part test: identify the legal interest being claimed, establish the alleged harm, determine the remedy available under law, and assess whether competing rights, including freedom of speech, prevent that remedy.
Bhatia argued that plaintiffs must separately establish claims involving privacy, defamation and commercial misuse. He also urged courts to avoid treating a person’s image as property beyond existing copyright and trademark protections.
Instead, courts should assess commercial misuse through laws such as passing off, which addresses misleading claims of endorsement or association. He further argued that publicly available images and fan-created content should remain permissible unless they mislead the public, defame someone or violate another law.
Why this matters: The dispute highlights how personality rights claims can affect the commercial use of sports footage, online promotional material and references to a public figure. Ganguly’s suit alleges that Doosra uses his career and the iconic 2002 NatWest Series celebration without his authorisation, while the defendants argue that they obtained permission to use the match footage from the BCCI or the authorised rights holder.
The distinction matters for digital platforms and content producers that use archival footage, celebrity likenesses and references to public figures in monetised content. Moreover, Ganguly’s existing agreement with Luv Films to produce an authorised biopic raises questions about how personality rights interact with contractual exclusivity and third-party licensing.
Clearer judicial standards could help distinguish unlawful commercial exploitation of a public figure’s identity from permissible references to that person.
Also read:
- Celebrities can’t use personality rights to block coverage of wrongdoing: Delhi HC in Janhvi Kapoor case
- Delhi HC: BJP MP and actor Kangana Ranaut gets personality rights protections against deepfakes, false quotes
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