Lootere Ruling Rocks Bollywood: Your Film Title Is Not Safe

A recent Bombay High Court ruling has sent shockwaves through the Indian film industry, declaring that a film’s title has no automatic legal protection under copyright law. This landmark decision in the “Lootere OTT case” effectively dismantles a decades-old industry practice, forcing producers to rethink how they protect their most valuable branding tool: their film’s name. The verdict is clear, if you want to own your title, an industry association handshake is no longer enough.

A Tale of Two Looteres

The legal drama unfolded when Sunil Saberwal, producer of the 1993 hit film “Lootere” starring Sunny Deol and Juhi Chawla, sought to block the release of a web series with the same name on the streaming platform JioStar (formerly Star India). Saberwal argued that his copyright in the original film and his registration of the title with the Western India Film Producers’ Association (WIFPA) gave him exclusive rights to the name. He contended that the new series was unlawfully exploiting his film’s legacy.

The defense, however, presented a simple yet powerful argument: there is no copyright in a film title. They asserted that the storyline of the new web series, which focuses on Somali sea piracy, was completely different from the 1993 romantic drama and that industry association registrations hold no legal power over non-members.

In a decisive judgment, the Bombay High Court sided with the streaming giant. The court stated that the mere sharing of a title does not violate any intellectual property rights if the title is not a registered trademark. Justice Sandeep V. Marne clarified that a title is not considered a “work” under the Copyright Act, 1957, and therefore cannot be protected by it. This ruling confirms that the long-standing industry custom of registering titles with producer guilds is a private agreement among members and not enforceable in a court of law against outsiders.

The Myth of Industry Protection

For years, filmmakers have operated under the belief that registering a title with an association like the Indian Motion Picture Producers’ Association (IMPPA) or WIFPA secured their claim to it. These bodies act as a registry, checking for similar titles to avoid internal industry disputes. However, the “Lootere” case has brutally exposed this as a myth.

The court made it clear that these registrations are merely internal arrangements and have no statutory backing.

This is not a new legal stance but a powerful reaffirmation of previous judgments. Courts have made similar rulings in cases involving titles like “Nishad” and “Desi Boyz,” where the Supreme Court in Krishika Lulla v. Shyam Vithalrao Devkatta held that a title alone does not qualify for copyright protection unless it is exceptionally inventive.

This leaves producers who rely solely on association registrations in a vulnerable position. Their perceived ownership of a title is not legally binding and offers no real protection from a production house, especially a large one that is not a member of the same association, from using the same name.

The Trademark Shield: A New Path Forward

If copyright and industry agreements are not the answer, what is? The court’s judgment and legal experts point to a clear solution: trademark registration. Unlike copyright, which protects the artistic work itself (the script, the music, the film), a trademark protects a name or symbol used to distinguish goods or services in the marketplace.

By registering a film title as a trademark under Class 41, which covers entertainment services, a producer gains the exclusive legal right to use that name. This provides a powerful legal tool to prevent others from using the same or a confusingly similar title for another film, web series, or related entertainment service.

Here is a simple breakdown of the different forms of protection:

For a single film, the title must acquire a “secondary meaning,” meaning the public associates it with a specific film or production house. For a series of films like “Dhoom” or “Golmaal,” this secondary meaning is often easier to establish.

Navigating the Crowded Content Maze

The “Lootere” ruling arrives at a critical time for the entertainment industry. The explosion of over-the-top (OTT) platforms has created an insatiable demand for content. India’s OTT audience surged to over 481 million people in 2023, a 13.5% increase from the previous year, according to a report by Ormax Media. With this massive volume of films, web series, and social media content being produced, title clashes are becoming increasingly common.

This new reality makes securing a title more important than ever. Some legal experts have even suggested the creation of a single-window portal for title registration to streamline the process and provide better legal enforcement.

However, even trademarking has its limits. The recent rush by producers to trademark “Operation Sindoor,” the name of a government defense mission, was met with legal challenges and public outcry, arguing that names of national interest cannot be commercialized. This shows that the chosen title must be distinctive and not against public interest to be successfully protected.

The “Lootere” case is a watershed moment, signaling a fundamental shift in how the Indian film industry must operate. The old ways are no longer sufficient in a globalized, content-saturated world. For producers and creators, the message is loud and clear: to protect your brand and your film’s identity, the path to the trademark registry is no longer optional, it is essential. This verdict may add a new layer of legal process for filmmakers, but it ultimately provides a clearer, more secure framework for protecting their creative and commercial interests in a rapidly evolving landscape.

What are your thoughts on this ruling? Does it level the playing field for creators or add an unnecessary burden? Share this article with your friends and let us know your opinion on social media.