The Bombay High Court has rejected an application filed by film producer Sunil Saberwal seeking to restrain Star India Pvt. Ltd. (now JioStar India Pvt. Ltd.) from streaming its web series Lootere on Disney+ Hotstar. Justice Sandeep V. Marne, delivering the order on August 18, 2025, held that copyright law does not grant protection over mere film titles.
Saberwal, proprietor of Shree Krishna International, claimed ownership of the title Lootere after producing the 1993 Hindi film starring Sunny Deol, Juhi Chawla, and Naseeruddin Shah. He argued that the title was duly registered with the Western India Film Producers’ Association and that he also held copyright in the cinematograph film. Upon learning about the OTT release of Lootere in March 2024, Saberwal approached the court seeking injunction to stop its streaming.
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The plaintiff’s counsel contended that the use of the same title amounted to unlawful exploitation of his rights. He emphasized that the registration of titles by producers’ associations exists precisely to safeguard members against unauthorized use.
Star India, however, opposed the claim and maintained that the Copyright Act, 1957, does not extend protection to titles. Relying on the Supreme Court’s ruling in Krishika Lulla v. Shyam Vithalrao Devkatta, it argued that “no copyright subsists in mere titles” and pointed out that the storyline of its web series was distinct, centering on Somali sea piracy, unlike Saberwal’s romantic drama.
Agreeing with the defence, the Court observed:
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“There cannot be a copyright in mere title of a film. The plaintiff cannot claim exclusive rights over the word Lootere. Prima facie no injunction can be granted on this basis.”
The Court also noted that Saberwal delayed action despite being aware of the defendants’ plans since 2022, allowing them to complete and stream the series. Furthermore, the judge clarified that registrations by film producers’ associations are contractual arrangements without statutory force and cannot bind non-members like Star India.
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Concluding that the plaintiff failed to prove prima facie rights, irreparable harm, or balance of convenience, the Court dismissed the plea for temporary injunction. As a result, the web series Lootere remains available on Disney+ Hotstar.
Case Title: Sunil S/o Darshan Saberwal v. Star India Pvt. Ltd. & Ors.
Case Number: Interim Application No. 3347 of 2024 in Commercial IPR Suit No. 236 of 2024
