The Supreme Court has held that no copyright exists on the "title" of a literary work while quashing a criminal case against the producer of a Bollywood movie.
A bench comprising justices MB Lokur and SA Bobde passed the order on an appeal filed by Krishika Lulla and others against an order of the Bombay high court which had refused to quash a complaint filed by writer Shyam Vithalrao Devkatta.
"No copyright subsists in the title of a literary work and a plaintiff or a complainant is not entitled to relief on such basis except in an action for passing off or in respect of a registered trademark comprising such titles.
A bench comprising justices MB Lokur and SA Bobde passed the order on an appeal filed by Krishika Lulla and others against an order of the Bombay high court which had refused to quash a complaint filed by writer Shyam Vithalrao Devkatta.
"No copyright subsists in the title of a literary work and a plaintiff or a complainant is not entitled to relief on such basis except in an action for passing off or in respect of a registered trademark comprising such titles.
CRIMINAL APPEAL No. 258 & 259 OF 2013, KRISHIKA LULLA & ORS. vs SHYAM VITHALRAO DEVKATTA & ANR. …. RESPONDENTS, dated October 15, 2015
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