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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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Rajesh Ramaswamy exits The Script Room to focus on filmmaking journey

Ad filmmaker steps away from own venture to pursue direction and storytelling

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MUMBAI: In a move that has caught the attention of the advertising and creative community, Rajesh Ramaswamy has announced his exit from The Script Room, the company he co-founded, marking the end of a seven-year stint at the helm.

The decision, which came into effect earlier this month, signals a shift in focus for Ramaswamy, who is now looking to immerse himself fully in filmmaking and direction as an independent creative.

Known for blending sharp advertising insight with storytelling craft, Ramaswamy has been instrumental in shaping The Script Room into a creative hub that delivered campaigns, branded content, and original storytelling formats. Over the years, the company collaborated with agencies, directors, and a wide network of writers, while also experimenting with formats such as short films and web series.

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Sharing his thoughts on the transition, Ramaswamy indicated that the move is driven by a desire to focus and explore stories he has been developing over time. While he acknowledged the unconventional nature of stepping away from one’s own venture, he also framed it as a necessary leap toward clarity and creative pursuit.

Importantly, The Script Room will continue its operations with its current team and leadership, with Ramaswamy expressing confidence in the group that helped build the company’s identity. The studio, he noted, remains well-positioned to evolve further with fresh talent and ideas.

His exit also reflects a wider industry trend, where experienced advertising professionals are increasingly transitioning into independent filmmaking, tapping into the growing opportunities across digital and long-form content platforms.

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As Ramaswamy steps into this new phase, the move underscores a familiar creative instinct, sometimes, the boldest ideas begin with a clean break.

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