SUNIL DARSHAN SABERWAL Vs. STAR INDIA PVT. LTD.

JUDGEMENT

(1.) This is an application filed by the Plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (the Code), seeking temporary injunction to restrain Defendant Nos.1 and 2 from producing and/or releasing and/or exploiting the title 'LOOTERE' allegedly owned and registered by the Plaintiff. Plaintiff has filed the present suit seeking a declaration that Defendant Nos. 1 and 2 do not have right to produce any film titled 'LOOTERE' or any other entertainment programme titled 'LOOTERE', which is already registered in Plaintiff's favour with the film producers' associations. Plaintiff has already sought perpetual injunction to restrain Defendant Nos. 1 to 3 from producing, releasing or exhibiting any entertainment programme by utilizing the title 'LOOTERE'.

(2.) Plaintiff's case, as pleaded in the plaint, is that it carries on business of film production as proprietor in the name and style as Shree Krishna International. Plaintiff claims to be a reputed film producer and a bonafide member of Defendant Nos.3 and 4- Associations. Plaintiff has described Defendant Nos.1 and 2 as companies engaged in the business of production of films and entertainment programmes. Defendant Nos. 3 to 5 are associations of the film producers.

(3.) Plaintiff claims that he has produced a Hindi feature film titled as 'LOOTERE' starring Sunny Deol, Juhi Chawla, Nasiruddin Shah, Anupam Kher and others, which was directed by Dharmesh Darshan and produced by Plaintiff's proprietary concern-Shree Krishna International. The film received Censor Certificate dtd. 5/3/1993 from Central Board of Film Certification. Plaintiff has registered the title of the film 'LOOTERE' with Defendant No.4, which is still valid. Plaintiff accordingly claims ownership of title 'LOOTERE'. Plaintiff also relies on registration granted by the Deputy Registrar of Copyrights for the cinematograph film 'LOOTERE' in his name. Upon learning that Defendant Nos.3 and 4 had opened a new category for registration of titles for production of web series to be streamed on Over the Top (OTT) platforms Plaintiff filed necessary applications and has secured registration of the title 'LOOTERE' for Feature Film, TV Serial, Web Series and Web Film. In September 2022, Plaintiff came across the trailer of web series with the name 'LOOTERE' being broadcast on OTT platform 'Disney Hotstar' which was uploaded by Defendant No.1. Plaintiff accordingly issued advocate's notice to Defendant Nos.1 and 2 on 9/9/2022, calling upon them to restrain themselves from releasing the web series with the title 'LOOTERE'. The notice was responded by Defendant Nos.1 and 2. Plaintiff came across news article dtd. 1/3/2024, where Defendant Nos.1 and 2 advertised the release of web series with the title 'LOOTERE' on 22/3/2024. Plaintiff has accordingly instituted the present suit for the reliefs as indicated above.