DHOOM MOVIE TRADEMARK

DHOOM MOVIE TRADEMARK

INTRODUCTION

We all know that we like to unwind by watching different types of entertainment on television, in theatres, or on OTT platforms. When we need to de-stress, we always look forward to going to a movie, whether at the theatre or maybe at home. It is only reasonable to say that the film's title amuses us.

When we want to watch a movie, we usually consider two factors: the cast of the film and the title of the film. The audience will be more attracted to see the film if the title is appealing. A film producer and creative team of any film work diligently to come up with an interesting and unique title. They invest a significant amount of money and effort while coming up with a title for the film. There is no doubt that a film's title is critical to its success. Yash Raj Films produced for the Aditya Chopra's Dhoom. The first series, titled 'Dhoom,' was released in 2004 and broke numerous box office records.

The film's second series debuted in 2006 and grossed a massive amount of money around the world. In 2013, the third film version of the franchise was released, and it went on to become one of the most successful Indian films of all time. In this essay, we strive to discuss about the rights to the movie title "Dhoom" as well as the trademark registration for that term.

Would There Be Any Copyright Protection for Movie Titles?

Under Sections 13 and 14 of the Copyright Act, literary works, musical works, artistic works, sound recordings, cinematograph films, and other works are protected. The Copyright Act protects a film's narrative, soundtrack, and lyrics, to name a few things. According to the Trademark Rule of 2002, there are 45 classes for products and services. The Trademark Rule discusses commodities from Class 1 to Class 34, and the Rules discuss services from Class 35 to Class 45. Class 41, under the Trademark Rules, covers the entertainment business.

Film production, radio entertainment, song creation, and other entertainment services are available. The registration of the film's name, i.e.,the title of the film, has standard practice under Class 41 of trademark rules in the entertainment industry. To prove the trademark infringement, confusing and equivalent terms must cause doubt about the origin of the trademark or work according to section 29(1) of the Trademark Act,1999. To be eligible for trademark registration, a film title must not be generic, unique, or in competition with other films.A single film or a franchise can have its title registered. A single movie title, for example, "Queen," but a movie franchise is "Dhoom Series”, "Golmaal Series”.

REGISTRATION OF MOVIE TITLES UNDER TRADEMARK:

The movie titles are registered by the respected applicant under Class 41 for a movie franchise. If the production house wants to make items, they can register the product under the Trademark Rules' applicable class. The Dhoom series, for example, clothing, footwear, and other merchandising goods have been classified and covered under Class 25.

In terms of movie titles for franchises, it is extremely popular, with a huge number of fans eagerly anticipating the next part in the series. As a result, the title of a series of films is protected as a trademark. When it comes to a single movie's title, however, the applicant must demonstrate that the title has a secondary significance. Any movie title that qualifies for secondary meaning must meet specific criteria, according to the honorable court. These elements are determined by the title's use, promotion, marketing, box office collection, public perception of the title, popularity, and celebrity linked with the film's title, among other factors.

As it can be seen from the current movie industry practices that the production firm always prefers to register the titles of the film. 3 Idiots, Padman, and other registered trademarks are examples.

REGISTRATION OF MOVIE TITLES AT MOVIE ASSOCIATIONS:

Producers, studios, and production houses registered their films with organizations including the Indian Motion Pictures Producers Association (IMPPA), Western India Film Producers' Association (WIFPA), and the Indian Film and Television Producers Council (IFTPC). No one can register a film title once it has been registered with these organizations. The proprietor of a film title who has registered with these organizations receives no legal protection.

The Association has no power to prevent anybody from using a film title that has already been registered with them. There was a dispute between the movie title "Veere Ki Wedding" and another movie with the title "Veere Di Wedding" that has been registered already with IFTPC in the matter of Anil Kapoor Film Company. Asa matter of fact that the two films had different characters did not convince the court that the defendant was attempting to pass off their film as Plaintiffs. However, the matter was settled in the end.

CONCLUSION

In the entertainment industry, it is obvious that the film's name or title plays a significant significance. People frequently identify the film's plot or screenplay with the title of the film. Even the producer and his team invest a significant amount of time and money in coming up with a memorable and attractive title for the picture. To secure their commercial rights to a title, producers and studios often register it as a trademark.

When a film is a box office success, the IP value connected with the title increases rapidly.However, the producer licenses the marketing rights to brands based on the title of the film. The Copyright Act does not protect movie titles, as we all know.There is no provision however if we study Trademark Rules,we can conclude that the titles of the film can be registered under the categoryof the entertainment business. Registering the titles of a film series, on the other end, it is easier than registering a single film title.However, it must be proved or explained detailly that the applicant of the title of the single film has a secondary meaning while registering.

REFERENCES:

https://blog.ipleaders.in/trademark-registration-dhoom-series/

https://www.mondaq.com/india/trademark/455412/film-titles-and-their-protection

https://www.bananaip.com/ip-news-center/indian-trademark-law-on-protection-of-movie-title-part-1/

by Srija purimetla