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Indian film producer loses copyright battle over Lootere title

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MUMBAI: A Hindi film producer who made a 1993 film starring Sunny Deol has lost his bid to stop Disney+ Hotstar from streaming a digital series with the same title, after a Bombay high court judge ruled that film titles cannot be copyrighted.

Sunil Darshan Saberwal, who produced the Hindi feature film Lootere three decades ago, sued Star India (now JioStar India) and others in March 2024, seeking to prevent them from using what he claimed was his registered title for their piracy-themed web series.

But justice Sandeep Marne dismissed Saberwal’s application for a temporary injunction on 18 August, delivering a comprehensive rejection of his copyright claims and dealing a significant blow to long-standing industry practices around title registration.

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The judge ruled that “there cannot be a copyright in mere title of a film”, citing Supreme Court precedent that titles are “incomplete in themselves” and do not qualify as literary works under India’s Copyright Act of 1957. The ruling follows the apex court’s 2016 decision in Krishika Lulla v Shyam Vithalrao Devkatta, which established that commonplace words like Desi Boys lack the originality required for copyright protection.

Saberwal’s 1993 romantic drama bears no resemblance to Star India’s eight-episode series about Somalian pirates hijacking an Indian vessel. The court noted that “except similarity in the title, plaintiff’s cinematograph film Lootere admittedly does not have any similarity in terms of story with the series.”

The producer had registered the title Lootere with film industry associations including the Western India Film Producers Association, arguing this gave him exclusive rights. But the court dismissed such registrations as “purely private arrangements having no sanctity in law,” enforceable only between association members through contract.

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“The associations formed by film producers and registrations granted by such associations are nothing but an internal contractual arrangement between the members,” justice Marne stated. Since Star India was not a member of the relevant association, it could not be bound by Saberwal’s registration.

The judgment highlighted how Bollywood routinely produces multiple films with identical titles—citing examples including Hera Pheri, Aankhen and Dilwale —without legal challenge, provided the underlying stories differ.

The court also criticised Saberwal’s lengthy delay in pursuing legal action. Though he first noticed the series trailer in September 2022, he waited until March 2024 to file suit—by which time the series had already been streaming on Disney+ Hotstar for months.

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“Plaintiff has whiled away substantial time of about two years despite acquiring knowledge of plans,” the judge observed, noting this delay was “fatal” to claims for emergency relief.

The decision undermines the film industry’s practice of treating title registrations as conferring legal rights, potentially opening the door to more disputes over popular names. Industry associations have historically operated these registration systems to prevent conflicts between producers, but the ruling clarifies they carry no statutory weight against non-members.

Saberwal’s legal team had argued that Star India’s own attempts to secure clearance for the title from producer Boney Kapoor proved the industry recognises such rights. But the court found this irrelevant since it was undertaken by a production services company, not Star India itself.

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The series Lootere continues streaming on Disney+ Hotstar, having premiered in March 2024. Saberwal retains the option to pursue damages rather than injunctive relief, though his suit contains no such claim.

The ruling reinforces that while films and their underlying literary works enjoy copyright protection, titles remain in the public domain unless they achieve trademark status or generate sufficient goodwill for passing-off claims—a much higher bar than simple registration with industry bodies.

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Hollywood

Paramount Skydance secures financing for Warner Bros Discovery deal

Debt syndication and new loans push $111 billion merger closer to close

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WASHINGTON: Paramount Skydance has taken a major step towards its planned acquisition of Warner Bros Discovery, securing fresh financing and completing the syndication of its bridge loan facility.

In a filing with the Securities and Exchange Commission, the company confirmed that the bridge facility has now been distributed among a group of 18 banks, reducing total commitments to $49 billion from an earlier $54 billion. The move spreads risk across lenders and signals growing confidence in one of the year’s largest media deals.

Alongside this, the company has finalised permanent financing arrangements, including $5 billion in senior term loans and a $5 billion revolving credit facility. A previously planned $3.5 billion credit line has been dropped as part of the restructuring.

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The loans are secured against key assets, including Paramount Global, Skydance Media and Warner Bros post-merger, underlining the scale and complexity of the transaction.

The financing push follows a competitive bidding process earlier this year, which saw interest from players such as Netflix before Paramount Skydance emerged as the frontrunner. The deal, valued at $111 billion, is expected to close in the third quarter, subject to regulatory approvals.

Adding to the momentum, the company has also secured significant equity backing, including investments from Middle Eastern funds, with support from billionaire Larry Ellison, who has guaranteed the equity portion of the transaction.

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Commenting on the development, Paramount Skydance chief strategy officer Andy Gordon said, “Our successful debt syndication and new debt facilities represent another important milestone towards the completion of our acquisition of Warner Bros Discovery.”

Once completed, the combined entity is expected to carry net debt of just under $80 billion, reflecting the sheer scale of the merger.

As Hollywood continues to consolidate in the streaming era, this deal could reshape the competitive landscape, with Paramount Skydance betting big on scale, content and financial muscle to take on global rivals.

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