Trademark Law For Entertainment Brands: Protecting A Brand Identity

24th August, 2023 - 7:15 am Categories: Trademark 0 Comments

Introduction

Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another.

Trademarks are becoming valuable in the music and film industries. Music and film are two of the world’s fastest-expanding industries, providing substantial income for the entertainment business.The paradigm shift surrounding intellectual property issues is critical in various trademark controversies, including deceptively similar music, and film titles, unauthorized use of film titles falling under trademark infringement, and passing off remedy.

The titles of albums, films, songs, and so on can be protected under trademark law in specific circumstances. The title and name should be distinct and unique. Common or descriptive titles are unlikely to be protected. Another requirement is that they have taken on secondary meaning. A single film’s title, for example, cannot be trademarked because it is an unmodified and restricted work, but a series title, such as Money Heist, can. These are eligible for registration under Trademark Class 41, “Entertainment,” and Trademark Class 9, “Apparatus for recording, reproduction, or transmission of images or sounds.”

Trademark Registration In Entertainment Industry

1. Trademark registration provides physical validation of the value and worth of your product or service. A trademark is associated with the quality of a service or product by customers. Obtain an exclusive trademark registration for the brand to attract customers and stand out, and so generate prestige over it. Because of the increased rate of trademark infringement, the entertainment industry has decided to seek trademark protection. It provides authors with a piece of mind because it plays a crucial role in protecting intangible assets such as any song title, movie name, motion picture, and brand name.The value of a trademark in the entertainment sector cannot be overstated. The most valuable quality is the band or artist name, which provides the original originator with a distinct identity. The artist’s name is an uncommon medium of recognition, and it is the sole thing that the audience associates with an artist.
2. Motion picture tiles are protected under Trademark Class 41 of the fourth schedule of the Trademark Rule, 2001, which encompasses services that are by definition classified as entertainment.
3. The association of a song with a particular brand name or any song title confers originality on that artist or band.
4. Various entities, such as a TV programme and motion picture association or any Indian motion picture producer’s alliance, provide reasonable protection to film titles against the Infringement Act through registration.

 Protection Of Motion Picture Titles In Trademark

1. Each year, the Indian entertainment industry generates enormous revenue by releasing various motion pictures around the country. Bollywood is the largest contributor to the entertainment industry, with more films released each year than its counterparts globally.
2. India’s entertainment business has expanded tremendously in terms of legality and expansion since gaining the industry title in 2001. The increased visibility has helped them retain the backing of foreign investors and players like 20th Century Fox, Warner Brothers, and others. The transformation is astonishing, but the expanding expansion has pushed the entertainment business into a situation where its future is threatened due to rising IP issues and infringement cases. The absence of adequate protection has fueled the expansion of piracy, which has now become a major disincentive to the film industry.
3. The transformation is astonishing, but the rapid expansion has put the entertainment business in peril due to increasing intellectual property issues and infringement cases. Piracy has grown in popularity as a result of a lack of effective security, and it has now become a big disincentive to the film industry.

 Protection Of Music Titles

1. The producer may seek Copyright protection only if the title of the song is an important part of the work itself. Because it is related to the original work, the title of a song may be protected under the Trademark Act of 1999. In India, music authors rarely employ trademark or copyright registration.
2. The application was refused, and Sony Music Entertainment received no legal representation. Trademark protection under Trademark Classes 9 and 41 gives the film title legal protection, as well as benefits from the creation of cassettes and compact discs, among other things.
3. There is a frenzy in which the law requires an explanation because there is little certainty on song title protection.

Protection For Fictional Elements And Movie Titles

The names of fictitious characters may be trademarked if they are also the titles of films or television programmes. Registered trademarks include Sherlock Holmes, James Bond, Harry Potter, and other well-known characters. As a result, character merchandise requires the trademark owner’s authorization.

[Image Sources: Shutterstcok ]

In India, film titles are frequently registered with organizations such as the Film & Television Producers’ Guild of India (FTPGI), the Indian Motion Pictures Producers Association (IMPPA), and the Western India Film Producers’ Association (WIFPA). A thorough search is undertaken among these companies to see whether a title is identical or confusingly similar to one of the registered. Registration of film titles or names with such authorities only provides priority in using the film title and has no legal consequences.

The Scope Of Trade Dress Protection

Trade dress is a subclass of trademark law that deals with the general “look and feel” of a product or service. The ultimate depiction and appearance of the product or service aids clients in determining the product’s source or origin. The Trademarks Act of 1999 aligned Indian trademark law with international standards. Although there is no separate definition of Trade dress, the modified Trade Mark Act of 1999 broadened the scope of the Trademark definition to include all components of Trade dress stated in the Lanham Act.

Conclusion

Trademarks distinguish one person’s goods and services from those of another. The title of a film or song helps the audience associate a specific work and differentiates it from the work of others, which is why it is significant. Trademarks are essential since copyright does not protect titles in and of itself. Such titles can be protected by trademarks. Once registered, the trademark may only be used by the registered user and not by anyone else. If the mark is infringed upon, the user can also seek monetary damages or an injunction. Khurana & Khurana offers knowledge and expertise in the field of trade markings. K&K has advised various companies on their trademark development strategy and helped them register and enforce their trademark rights.

Author: Nandini Bagri, A Student at Bharati Vidyapeeth New Law College, Pune , in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFERENCES

• https://www.legalservicesindia.com/article/2067/trademark-law-in-music-and-film-industry.html
• https://www.legalserviceindia.com/legal/article-10224-music-and-entertainment-law-trademarks.html
• https://jflawfirm.com/trademark-protection-in-the-entertainment-industry-what-do-i-need-to-know/
• https://vidmaconsulting.com/importance-of-trademark-vis-a-vis-artistic-work-in-the-media-and-entertainment-industry/