THINGS TO CONSIDER FOR TRADEMARKS WORK CONCERNING ENTERTAINMENT AND MEDIA

"A decent brand name, if a wordmark or a logo, is lacking of style or pattern, makes it relatively recognizable if shown in correct spots for a lengthy period of time." The reality is being spoken: the words speak real loud, and the symbol shines smartest! As sight, all services and products provided in the industry ought to have a distinctive and different individuality in the shape of a unique name, mark, logo, appearance, form, and so on. A brand name is a channel for naming a service or product.

THINGS TO CONSIDER FOR TRADEMARKS WORK CONCERNING ENTERTAINMENT AND MEDIA

INTRODUCTION

Pertaining to certain circumstances, the headlines of music, album covers, films, band titles, and renowned character types can be protected under trademark protection law. Headlines, sayings, and titles must be unique and distinct. Simple descriptive or common headlines are highly improbable to be shielded. Some other requirement is that they may have procured slightly different meaning.

In the particular instance of movie names, the headline of a single movie cannot really be branded because it is a limited and unalterable task, however the headline of a sequence, such as Game of Thrones, could be. There under foreign unified part in academic, these could be enrolled under Class 41, that also contains "enjoyment," and Class 9, which contains "equipment for capturing, transmitting, or procreation of audio or photos."

The Trademarks Act, 1999 describes "brand name" as "a logo competent of becoming represented in a graphical manner and competent of differentiating each user's products and services than those of everyone else, that may include the form of products, their wrapping, and colour scheme." As a result, it recognizes the beginnings or reference of a service or product. Trade marks act provides the dual intent: brand names help their owners differentiate, promote, and sell goods and services, and they allow users to make better decisions with little room for error.

LAW OF TRADEMARK IN FILM AND MUSIC INDUSTRY

 

The value of a distinct brand name in the film and music industries can never be overstated. The title of a musical artist or band is among the most crucial components of a singer's professional life because it gives the originator of the melody a separate character. This individuality is inevitably what defines the musician in the public's mind.

The affiliation of a music with a specific music headline or group title gives that musician or group real value. Correspondingly, movie headlines can be protected under Trademark Act. The headline of any cinematic task identifies it. It helps individuals in conceptualizing the movie's notion.

 

PROTECTION OF THE TITLE OF MOVIE AND TRADEMARKS

 

The Indian film industry is among the world's leading suppliers of movies. Indian cinema generates an average of 1200 films annually, more than almost any other film industries around the globe, and generates 1.8 billion us dollars in box office sales each year. In 2001, the Indian government designated the Indian movie business as a "industry."

It has ultimately resulted in its evolutionary development, as so many overseas players and shareholders, which include 20th Century Fox, Viacom Motion Pictures, Warner Brothers, and others, have entered the market.

This shift in thinking is remarkable, but IP (Property Rights) problems, largely related to scandals through using confusingly similar names or even other methods of unauthorized adaptation of movie names, violation of trademarks and copyrights, and passing off, also have arisen concurrently.

 

THE TRADEMARK ACT OF 1999 PROTECTS “SONG NAMES” IN INDIA 

Till the announcement of release of music title was unprecedented 'Why this Kolaveri di' in 2011, that became an extremely popular and nighttime great achievement, the practice of signing up classic songs was unheard of in Indian context. 

Its holder, Sony Music Entertainment Pvt. Ltd, decided to apply for enrollment of the headline in order to prevent anyone else from using it, as well as because it scheduled to release CDs as well as other non-entertainment products under the headline.

Can the protections of the songwriters of such music be shielded in these kind of instances?

The very first issue to consider is who will be authorized to headline enrollment – the creator of the trademarks in the singing or first institution to submit for trademark registration. The latter is the right response. In the particular instance of 'why this Kolaveri di,' the founder of the authorship, Sony Music Entertainment, was the one who filed for the brand name. Some other factor to take into account is whether the headline is unique or common in essence. For instance, why should Kolaveri di, that is an invention, be awarded a brand name over Yeh Jawani Hai Deewani, which would be a clichéd term?

 

THE EXTENT OF TRADE DRESS PROTECTION IN THE CONTEXT OF INDIA 

Trade dress refers to the presentation perspective of an item, such as its form, wrapping, color scheme, and etc., which can be enrolled and protected being used by competitors in their business and the industry.

Its goal is to protect customers from misleadingly similar-looking product designed to deceive consumers into believing they are actually buying a differentiated product from the one they desire to buy. The trademark act of 1999 makes no mention of trade dress.

Nonetheless, Section 2 of the act provides the legislative safeguards to ensure trade dress by building an understanding of trademark rights to include the form of products, wrapping, and color scheme.

 

THE USE OF THE CURRENT INTEREST COGNITIVE DISSONANCE IDEOLOGY IN HAVING A WELL KNOWN TRADEMARK OF A FILM TITLE

Users are expected to be perplexed if multiple identical products or services use a related brand name. Enjoyment and media businesses are taking benefit from this by creating trademarks that resemble the popular brand in order to capitalize on its picture. This is referred to as actual interest ambiguity.

This ideology has become important with regard to shows and movies titles because section 29 of the Trademark Act of 1999 states that an enrolled brand logo is infringed upon if deceptive correlation between two traces has resulted in the probability of ambiguity about the origin of the labels.


CONCLUSION

The title is very important for the effectiveness of a film or a musical composition. As with humans, the '1st perception' is very important with regard to films. This initial impression is inferred from the headline.

It makes it easier to understand what such a film is all about and enables the customers to communicate their own logo and, by extending, the loyalty to the brand with that as well. Enrollment of the headline have become the mainstream framework in order to maintain the privileges inferred from the headline of the task.

Enrollment with the Registry of Trademark grants the holder an exclusive entitlement to use the headline while also preventing everyone else from doing so in an unauthorized way by providing possibilities for recourse through a harm suit. As a result, a brand name provides its holder with safeguard in regions where copyright doesn't really.



REFERENCES

  1. www.news.bloomberglaw.com/ip-law/no-legal-worries-for-disney-in-hakuna-matata-trademark-row

  2. http://legislative.gov.in/actsofparliamentfromtheyear/trade-marks-act-1999

  3. http://legislative.gov.in/actsofparliamentfromtheyear/trade-marks-act-1999

  4. http://legislative.gov.in/actsofparliamentfromtheyear/trade-marks-act-1999


Written by:

Ishani Khanna.