Sunil Saberwal, a film producer, recently took Star India Pvt. Ltd. to court over the use of the title "LOOTERE." He claimed ownership of the title because of his 1993 film. However, the court ruled against him, saying that titles can't be copyrighted.
Sunil, through his company Shree Krishna International, made a film called 'LOOTERE' in 1993. He registered the title with film groups and thought he owned exclusive rights to it. When he found out that Star India was releasing a web series with the same name on Disney Hotstar, he filed a lawsuit.
"Sunil claims to be a well-known film producer and a genuine member of film groups."
Sunil asked for a temporary stop to prevent Star India from using the title. He argued that his registration with film groups protected his rights. However, Judge Sandeep V. Marne dismissed this, saying there’s no legal right in a title.
"The court noted that simply registering with a group does not create a legal right."
Star India argued that there's no copyright in a film title. They backed up their claim with a Supreme Court ruling that titles don't count as literary works. The court agreed, saying that the title 'LOOTERE' was too common to be protected.
"The court ruled that no copyright exists in the title of a literary work."
Judge Marne pointed out that Sunil's delay in taking legal action and the lack of a legal basis for his claim weakened his case. The web series had already been released, making the request to stop it pointless.
"Plaintiff has virtually ignored his claim despite noticing release of the trailer."
This case shows the importance of understanding what can be copyrighted. While Sunil's film is protected, the title isn't. For filmmakers and creatives, this serves as a reminder to focus on protecting the content rather than just the name.
The court decided that Sunil did not have exclusive rights to the title 'LOOTERE' because titles are not protected under copyright law.
