INTRODUCTION

Absolutely, if you’re a filmmaker, it’s definitely worth considering trademark registration for your film titles, especially if you’re working on franchises or heavily marketed projects. Unlike copyright, which protects the entire artistic work, trademark law focuses specifically on titles as brand identifiers. This is super helpful in preventing any mix-ups for your audience. Plus, having a registered trademark gives you stronger, more enforceable rights, which is a smart move for anyone wanting to really establish their film's identity.

In the entertainment industry, names and titles are much more significant than we often realize. It brings to mind Shakespeare’s idea that a name doesn’t alter the essence of something. However, in film, a movie title is essential; it’s what draws people in and gives them a hint of what awaits. A strong title can really help promote and popularize a film, making it shine in a crowded market. So, while the script, cast, and crew are undeniably important, a captivating title is like that cherry on top that helps elevate the film to its audience.

COPYRIGHT DOES NOT EXTEND TO TITLES ALONE: BOMBAY HC

Last week, the Bombay High Court made a key ruling regarding film titles, stating that they don’t receive copyright protection. The case centered on the title ‘Lootere,’ where Justice Sandeep V. Marne decided that the producers couldn’t stop others from using the name since there was no copyright infringement related to the story or the film; the dispute was solely about the title. Film producer Sunil claimed he had rights to ‘Lootere’ after registering it with a film producers’ association. He accused another group of producing an OTT series with the same title and infringing on his rights. The court, however, found no similarities between the film and the series. They emphasized that copyright doesn’t cover titles alone and since Sunil didn’t claim any copying of the story or film, there were no grounds for an injunction. While film titles do have value, their enforcement is primarily relevant among members of the same association.

FILM TITLES REGISTERED AS TRADEMARK

Ameet Naik states, "Film titles do not have copyright protection unless they are registered as trademarks. Furthermore, title registrations provided by producer associations do not have any legal enforcement. These registrations are only recognized and enforced among the members of the same producer association, as those members have contractual obligations to one another. He adds, "The recent ruling by the Bombay High Court regarding the dispute over the OTT show 'Lootere' reaffirmed this legal understanding."

'FILMMAKERS SHOULD SEEK TRADEMARK REGISTRATION FOR FILM TITLES'

In the film industry, title disputes can often get complicated. A clear example of this is the 2007 case of Kanungo Media (P) Ltd. v. RGV Film Factory & Ors., where the producers of the Bengali film ‘Nisshabd’ tried to block the release of Ram Gopal Varma’s Hindi film, ‘Nishabd,’ starring Amitabh Bachchan. The Delhi High Court denied their request, stating that just having industry registration wasn’t enough to prove legal rights, especially since the plaintiff's film had yet to establish a distinct identity.

Medha Banta, a Senior Associate with expertise in Media & Entertainment, highlights the importance of trademark registration for film titles. She suggests that filmmakers should prioritize this to secure their rights effectively, beyond mere contracts with producer associations.

There’s a growing agreement among legal professionals on the need for a more streamlined title registration process. Ameet advocates for a single-window system, which could significantly cut down on disputes as content increasingly spans films, OTT platforms, and TV. Lawyer Madhu Garodia supports this idea, as it would clarify rights and minimize conflicts, making life easier for producers navigating the evolving media landscape. It seems a unified approach could really benefit all creators in the industry.

WHAT THE BOMBAY HC DECIDED

Justice Marne explained that when a producer registers their title with a producers' association, it doesn't actually grant them a legal right. These registrations are simply agreements among the members of the association and aren't enforceable against people outside of it. The High Court noted that if there's a violation of the registration by the association, it won't create any legal rights that can be enforced against someone who isn't a member. So, in essence, these rights are more about internal agreements rather than legal claims that apply to outsiders.

1.     Kabhi Alvida Naa Kehna

Biswaroop Roy Choudhary v. Karan Johar (Delhi HC, 2006)

Facts:

In a recent trademark case, the plaintiff applied to register "Kabhi Alvida Naa Kehna" (KANK) for trademark protection in Class 41, hoping to secure exclusive rights to the title. Meanwhile, the defendants, led by Karan Johar and his team, had already registered the title with industry associations like AMPTPP and the Producers Guild. They had also completed their film and were ready for its release.

Issues:

The main issues at hand were whether a pending or advertised trademark application could take precedence over an industry association registration and actual use of the title, and how much legal weight these association registrations actually carry.

Held:

The court ultimately decided not to grant an injunction. It ruled that actual use and goodwill are the most important factors in these situations. Since the defendants were prepared to release their film while the plaintiff had not progressed with their application, the situation leaned in favor of the defendants. The court viewed the association registrations as more of an internal practice rather than stronger than established trademark rights or actual use. Additionally, the title "Kabhi Alvida Naa Kehna" is considered a common phrase, and the plaintiff had also delayed filing the lawsuit.

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2.     Double Trouble

Prism Motion Pictures Pvt Ltd V. Mukta Arts Ltd. (Delhi HC, 2018)

Facts:

Prism registered the title ‘Double Trouble’ with the Indian Motion Picture Producers' Association (IMPPA) but never released a film under that name. Meanwhile, Mukta Arts went ahead and released a Punjabi film with the same or a similar title.

Issues:

1. Does registering with IMPPA provide any legal intellectual property rights?

 2. Can an already released film be stopped just because of an association registration?

Held:

The court clarified that there is no copyright protection for film titles. It emphasized that IMPPA registration is not a legally binding process and does not confer exclusive rights against other parties. Consequently, the film couldn't be stopped from release. The court also encouraged trade organizations to work more collaboratively to prevent such conflicts in the future.

3.     Desi Boys/Desi Boys.

Krishika Lulla & Ors. V. Shyam Vithalrao Devkatta & Ors. (Supreme Court, 2015)

FACT

There's a bit of a disagreement regarding the film title "Desi Boys" versus "Desi Boyz.

ISSUSES

1. Can film titles be copyrighted?

 2. What’s the best way to protect a film title?

HELD

The Supreme Court has decided that film titles themselves can't be copyrighted. Instead, the primary way to safeguard a title is through trademark law. This is especially valid if a title has gained a distinct identity (also known as secondary meaning) or if it belongs to a series. This ruling has become a key reference point, illustrating that association registrations don't carry any real legal weight.

KEY BENEFITS OF TRADEMARKING A FILM TITLE

Securing exclusive rights is a key benefit of registering a trademark. It grants the owner the legal authority to exclusively use the film title and any related merchandise, ensuring that no one else can capitalize on that name.

With a registered trademark, filmmakers can also simplify the enforcement process. They can file an infringement lawsuit more easily, without the hassle of proving concepts like "secondary meaning" or consumer confusion, which are often needed in passing-off claims.

Trademarks play a vital role in transforming a film into a broader brand. They help protect merchandise, sequels, and other related products, making sure that unauthorized parties can't profit from the film's success.

As Indian cinema continues to attract audiences worldwide, it's increasingly important to register trademarks in international markets. Using tools like the Madrid Protocol can help protect these trademarks globally and prevent misuse in other countries.

BEST PRACTICES FOR FILMMAKERS

When it comes to protecting your film project, filing for trademark registration early in the pre-production phase is essential. Doing so secures your priority rights and shields you from potential infringement. To maximize your protection, consider registering your film's title across multiple classes to cover various revenue streams. For instance, you can register under Class 41 for film production, distribution, and entertainment, Class 9 for digital products like apps and video games, and Class 25 for merchandise such as clothing and toys. Additionally, it's important to actively monitor any unauthorized use of your title, whether online or in merchandise, so you can be prepared to enforce your trademark rights effectively. By adhering to these best practices, you can safeguard your creative work and enhance its chances of success.

CONCLUSION

In today’s dynamic entertainment industry—where films extend beyond the big screen into OTT platforms, merchandise, and international markets—protecting a film’s title through trademark registration has become more essential than ever. Merely registering a title with a producers’ association offers limited and non-enforceable protection. In contrast, a trademark provides statutory rights that can be legally defended in court and recognized globally.

By obtaining trademark protection, filmmakers ensure that their creative investments and brand identity remain secure against unauthorized use or exploitation. This not only prevents consumer confusion but also enables filmmakers to monetize their brand across multiple platforms. In short, trademarking a film title is not just a legal formality—it’s a strategic move to safeguard creativity, reputation, and future business opportunities in the entertainment world.