Supreme Court finds no copyright in title of a work

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Allowing an appeal in Krishika Lulla & Ors v Shyam Vithalrao Devkatta & Anr, the Supreme Court held that there is no copyright in the title of a literary work and a plaintiff can obtain relief only on the basis of an action for passing off or for infringement in respect of a registered trademark that comprises the title.

Lulla had appealed an order of Bombay High Court whereby the court had refused to quash a complaint and process issued under section 63 of the Copyright Act, 1957, read with sections 406 and 420 of the Indian Penal Code, 1860.

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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at [email protected] or [email protected] Readers should not act on the basis of this information without seeking professional legal advice.