A Closer look at the Bombay High Court’s View: Can Film Titles be Protected under Copyright law?

Drafting Credit: Sidratul Muntaha, Research Associate

Image credits: via Freepik

We remember movies by their titles and these titles do not simply state the name of the film. A title contains emotion, identity, and commercial value. But what about the legal protection of these titles? When there is a legal battle, do titles receive the same legal protection as the stories? The Bombay High Court revisited this issue and answered this question negatively, providing clarity to the Indian film and streaming industry.

In the case of Sunil S/o. Darshan Saberwal v. Star India Private Limited & Ors. (2025), the Court has again reiterated its earlier position that film titles are not protectable under copyright law.¹ The case was concerned with Sunil Darshan Saberwal, who was the producer of the 1993 Hindi film Lootere. Saberwal got to know in September 2022 that Star India Private Limited, now known as Jio Star, was developing a web series with the identical title. However, Saberwal took until March 2024 to finally file the case to seek an interim injunction against the defendant’s use of the title and streaming of the web series.²

The Court examined the substance of both works and noted that apart from the title, the two works had absolutely nothing in common, no similarity in plot, characters, or themes, with one being a Bollywood romance and the other being a gritty maritime thriller shot on an entirely different continent.

In this backdrop of facts, Saberwal’s claim rested on the industry registrations. The core argument of Saberwal rested on his registration of the title ‘Lootere’ with the Western India Film Producers Association (WIFPA). He had initially registered the film title in 1993. He then went ahead and obtained registration of the film title under various categories: Feature Film, TV Serial, Web Series, and Web Film in September 2010.

Justice Sandeep Marne rejected this argument and held that registering a film title with the Western India Film Producers’ Association (WIFPA) or similar bodies does not create any statutory or exclusive rights under the Copyright Act, 1957, as it is purely a private arrangement having no sanctity in law.³

The Court also based its decision on the law. The Court explained that titles are not included in “work” under the Act because it is just a name of the movie. It does not reflect the work or creativity protected by copyright; therefore, it cannot be protected by copyright.⁴

The decision emphasized that title disputes from producer association registrations are primarily contractual matters for those forums, whose rulings lack statutory binding force on non-members; court remedies remain available under trademark law or passing off. Furthermore, the fact that the producer seeks redress at a late stage also impacts the producer’s claim for an interim injunction since the series had started streaming. The court also highlighted that “Saberwal whiled away a substantial time of about two years despite acquiring knowledge of plans” for the production and streaming of the web series.⁵ The court’s reasoning here reflects the doctrine of laches that prevents the court from granting relief to parties that sleep on their rights.

The judgment also offers clarity for filmmakers and OTTs: while cinematographic works are protected under copyright law, the titles of these works are not. While copyright law does not protect titles, there are remedies available for the producer if the title has developed sufficient brand value. Thus, the relevant action for the producer of films that aim to protect distinctive titles of successful franchises would be trademark registration. This is because trademark law is based on consumer association and goodwill, allowing the creator of the title to protect the title that has developed into a brand.

1. Sunil S/o. Darshan Saberwal v. Star India Private Limited & Ors., 2025:BHC-OS:13777. ↩︎
2. Id. ↩︎
3. Saksham Vaishya, ‘Registration Of Film Title With Producers’ Association Doesn’t Create Exclusive Right Of Use’: Bombay HC Dismisses Injunction Plea By ‘Lootere’ Producers, Live Law (21 Aug, 2025, 6:15 PM) https://www.livelaw.in/high-court/bombay-high-court/bombay-high-court-ruling-film-tittle-registration-with-producers-association-and-copyright-protection-lootere-movie-case-301505. ↩︎
4. The Copyright Act, 1957, § 2, cl.(y), No. 14, Acts of Parliament, 1957 (India). ↩︎
5. Supra note 1. ↩︎