ARTICLE
13 August 2017

Concluding The Claim Over ‘Nisshabd' With ‘No Words'

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LexOrbis

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LexOrbis is a premier full-service IP law firm with 270 personnel including 130+ attorneys at its three offices in India namely, New Delhi, Bangalore and Mumbai. The firm provides business oriented and cost-effective solutions for protection, enforcement, transaction, and commercialization of all forms of intellectual property in India and globally. The Firm has been consistently ranked amongst the Top- 5 IP firms in India for over the past one decade and is well-known for managing global patent, designs and trademark portfolios of many technology companies and brand owners.
Usually, disputes over the title of a film crimp around the period when the promotion starts till the launch or release date of the entertainment project.
India Intellectual Property
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Usually, disputes over the title of a film crimp around the period when the promotion starts till the launch or release date of the entertainment project. A film maker decides upon a suitable name of their entertainment project and claims exclusivity for viewers to associate with the producers. Filmmakers usually operate through associations and get their title registered with the association such as Indian Motion Picture Producers' Association, Association of Motion Pictures and Television Programme Producers, Film and Television Producers' Guild of India (Guild). Titles are generally not capable of copyright or even trademark protection, except where the title has acquired distinctiveness that is to say that such a title has acquired secondary meaning in India. So when any third party attempts to pass off or infringe their rights over the title of a movie, an action could be brought to restrain such infringers.

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