KRISHIKA LULLA & ORS. versus SHYAM VITHALRAO DEVKATIA & ANR.

KRISHIKA LULLA & ORS. versus SHYAM VITHALRAO DEVKATIA & ANR.

Copyright does not subsist in mere commonplace words or the title of a work (here 'Desi Boys') since it is not a literary work under Section 13 of Copyright Act, 1957. No criminal complaint for infringement of copyright in such a title is tenable and proceedings must be quashed.

Parties
Appellant: Krishika Lulla & Ors.; Respondent: Shyam Vithalrao Devkatia & Anr.
Jurisdiction
India
Judgment Date
15 October 2015
Procedural Posture
Criminal Appeal / Appeal Against Dismissal of Application to Quash Criminal Proceedings Under S. 482 Cr PC
Outcome
Appeals allowed; criminal proceedings quashed.
Legal Topics
Copyright Infringement, Titles and Literary Work, Quashing of Criminal Proceedings
Criminal Law Intellectual Property Law Copyright Infringement Titles and Literary Work Quashing of Criminal Proceedings

Case Brief

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Parties

Krishika Lulla & Ors.

Appellant

Shyam Vithalrao Devkatia & Anr.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Dismissal of Application to Quash Criminal Proceedings Under S. 482 Cr PC

Legal Issues

  1. 1 Does copyright subsist in the title 'Desi Boys'?
  2. 2 Is a criminal complaint for alleged infringement of copyright in a title tenable under Copyright Act?
  3. 3 Can a criminal complaint be sustained for copyright infringement of a story synopsis title?

Ratio Decidendi

Copyright does not subsist in mere commonplace words or the title of a work (here 'Desi Boys') since it is not a literary work under Section 13 of Copyright Act, 1957. No criminal complaint for infringement of copyright in such a title is tenable and proceedings must be quashed.

Court Disposition

Appeals allowed; criminal proceedings quashed.

Orders

  • Criminal Case No. SW/332 of 2011 pending before the Metropolitan Magistrate, Mumbai is hereby quashed.