What’s in a name? Trademarks for film titles

By Manisha Singh and Divya Srinivasan, LexOrbis
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India’s film Industry is booming, known to deliver world class films. Every film gets recognition from its name, giving it a sense of identity for the public to relate to or recognize.

Manisha Singh is a founding partner of LexOrbis, where Divya Srinivasan is an associate.
Manisha Singh is a founding partner of LexOrbis, where Divya Srinivasan is an associate.

In 2001, the Indian government accorded “Bollywood” the status of “industry”. This eventually led to film industry giants such as Disney, Warner Brothers and Twentieth Century Fox venturing onto the Indian film scene. Their foray into Bollywood has revved up intellectual property (IP) in the country, boosting the economy. It has also increased IP litigation over the use of deceptively similar titles and other unauthorized adoption of film titles, including suits for infringement of copyright and trademarks, and passing off actions.

Since the title is one of a film’s most important features, emphasis is put on choosing exclusive and distinctive names for films, in order to enable the viewing audience to associate the film with its producers or makers.

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