India: Broadcasting: Film, TV & Radio

A film title, repeated across sequels, merchandise and decades of publicity, can come to function as a trade mark in its own right, a badge that the public associates with a single source. Columbia Pictures Industries, Inc. v. Registrar of Trade Marks concerned exactly such a title, GHOSTBUSTERS, and the protection it can claim against a very different product bearing a very similar name. The Delhi High Court’s decision is important for owners of strong, distinctive marks, including film titles, because it confirms how cross-class protection for a well-known mark is to be approached, and that it does not depend on a prior formal declaration.

The dispute had its origins in 2014, when Vodafone signed agreements with Saregama to use songs for its caller tune and ringtone value-added services (VAS). IPRS maintained that while music labels own the copyright in sound recordings, lyricists and composers retain separate rights in the underlying literary and musical works.

In the case of Ashim Kumar Bagchi vs Balaji Telefilms Ltd. & Ors., the Bombay High Court addressed important questions about copyright infringement and breach of confidence.