Author- Kimaya Dalvi
Any company, including those in the movie sector, can benefit from having a trademark. A trademark is a distinctive sign, symbol, or statement that sets one good or service apart from comparable ones offered by other businesses. Companies may strengthen their brand and foster client loyalty with the aid of trademarks. They are licensed and legally protected.
Trademarks are crucial in the film industry because they aid studios in protecting their intellectual property and preventing unauthorized use of their names, characters, and logos. This article will analyze the significance of trademarks in titles and films, as well as how they support studio branding, money generation, and the protection of creative works.
In the first place, trademarks are crucial for protecting the creative works created by film companies. A studio spends a lot of time, money, and effort developing a compelling and original plot, the cast of characters, and the visual aesthetic. These components are protected by copyright laws as they are a part of the studio’s intellectual property. While being integral components of a movie’s brand, titles, taglines, and logos are not protected by copyright rules. A studio can avoid the unauthorized use of a movie title or emblem in this scenario by filing a trademark. By doing this, the studio makes sure that its original works are safeguarded and given the respect and attention they merit.
In the movie industry, trademarks are essential for establishing brand identification. When a studio puts out a hit film, people start to recognize the name, actors, and logo. For instance, the Star Wars film series may be easily recognized because of its recognizable logo, star-studded cast, and background music. The studio can prevent the unauthorized use of specific components by others by registering trademarks for them. As a result, all marketing and promotional materials share the same visual identity, which promotes brand recognition. A strong and recognizable brand is created when viewers rapidly link the Star Wars logo or theme song to the film series.
Thirdly, trademarks are necessary for the film industry to be able to make money. A studio may grant permission for other businesses to use the trademark of a movie title in merchandising, video games, and other items. Now that the studio has new and innovative revenue sources at its disposal, it can capitalize on its intellectual property. As an illustration, the trademark licensing of the logos, brand names, and other features of the Harry Potter series has helped to generate billions of dollars in retail sales.
Trademarks can help studios secure their revenue sources in addition to helping them make money. A movie studio may make sure that the licensee doesn’t violate their intellectual property rights by licensing a trademark for a movie title or character. As a result, no one else is allowed to produce goods or items without a license, which could reduce the value of the trademark and the income the franchise brings in.
Several well-known court cases in India have involved trademarks in titles and motion movies. These are a few noteworthy instances:
Akash Chawla and Yash Raj Films: In 2013, while Chawla was still employed by Reliance Entertainment, Yash Raj Films sued Chawla for trademark infringement. Chawla was accused of trademark infringement by Yash Raj Productions when it was claimed that she registered the phrase “Jab Tak Hai Jaan” with the Cinema and Television Producers Association of India without their consent. In an out-of-court settlement, Chawla agreed to modify the title of his movie.
A lawsuit filed by Viacom18 against producer Anand Pandit in 2019 claimed that Pandit’s film “Chehre” violated the trademark of Viacom18’s reality series “India’s Most Wanted.” The usage of the term “India’s Most Wanted” in the movie’s promotional materials, in Viacom18’s opinion, violated their trademark. The investigation is underway.
B.R. Films vs. Ravi Chopra: In 2008, B.R. Films filed a lawsuit against Ravi Chopra, stating that his film “Bhoothnath” infringed on the trademark of B.R. Films’ horror film “Bhoot”. The usage of the word “Bhoot” in the title of Chopra’s film, according to B.R. Films, violates their trademark. Chopra consented to change the title of the movie as part of the out-of-court settlement.
Eros International v. John Doe: In 2014, Eros International brought legal action against unnamed defendants who were accused of distributing its movies “Jai Ho” and “Dishkiyaoon” online without their consent. Eros International petitioned a judge to issue a restraining order because access to the websites violated its trademarks. The case is distinctive because the unnamed defendants are referred to as “John Doe,” a legal tactic that is popular in India.
These occurrences demonstrate the value of trademarks in the Indian film business as well as the possibility of legal problems developing when trademarks are violated. Filmmakers and producers should be aware of trademark regulations before using any names, characters, or other aspects that are protected by third-party trademarks and should obtain authorization.
Critical Analysis
Trademarks are unquestionably crucial to the film industry, but there may also be risks and problems to be aware of. In this critical investigation, we’ll look at some of the limitations and challenges related to trademarks in movies and titles.
The possibility that trademarks in movies will impede innovation and inventiveness is one reason against them. When studios are focused on safeguarding their intellectual property and boosting brand recognition, they could be less willing to take chances or attempt new things. The cinema industry may be lacking in creativity and diversity as a result of studios’ propensity to produce sequels, remakes, and adaptations of well-known and recognizable subjects.
The possibility of legal issues and disputes brought on by trademark use in movies is another challenge. Similar names or characters that are copyrighted by many studios could deceive viewers and lead to intellectual property lawsuits. For example, the Marvel Cinematic Universe and the DC Extended Universe both have trademarks protecting superhero characters like Iron Man and Batman, which could lead to confusion or legal problems if one studio wishes to employ a character who is already the subject of a trademark held by the other.
Also, the risk of overusing trademarks as a marketing strategy exists. Of course, trademarks can help with brand awareness and revenue generation, but they can also operate as a crutch for studios that rely too heavily on well-known names and characters. The movie industry may suffer from a lack of creativity and risk-taking if studios choose the safe bet of well-known brands over new and original concepts.
Last but not least, some critics claim that trademark rights may be overly restrictive and hinder creativity. Studios are given exclusive rights to use certain names, characters, and logos through trademarks to prevent other authors and producers from utilizing them in their works. Their concern about being sued by trademark owners, may limit artists’ freedom of expression and foster a culture of fear and self-censorship among them.
Conclusion:
Trademarks are crucial to the film business because they allow studios to generate revenue, safeguard their original works, and establish their brands. Studios may safeguard their intellectual property and ensure that they receive the credit and respect they are due by registering trademarks for movie names, characters, and logos. Moreover, trademarks aid in developing a film property’s instantly recognizable visual identity. Finally, trademarks can help studios increase their revenue by being licensed to other businesses for use in goods like clothes and other things. In the end, trademarks are a valuable asset for every corporation and are essential to the growth of the movie business.
Trademarks are undoubtedly a key part of the film industry, but there are some possible drawbacks and challenges to consider. Trademarks can hinder creativity, limit originality and innovation, cause legal disputes, raise reliance on well-known franchises, and have other detrimental impacts. As the film business expands, it will be essential to strike a balance between protecting intellectual property rights and encouraging innovation and creativity.
