Do Book Titles come under Trademark or Copyright?

Introduction

In today’s society, Trademark infringement is widespread. People in all walks are adopting a Trademark that is deceptively similar to somebody else’s trademark. With the increase in trade and economy, as well as the aging process, diverse intellectual property (IP) issues occur. Either of these difficulties is the labeling of book title, theatrical, and gorgeous cinematography works. Since this is a new topic in India, there is a lot of confusion among legal professionals about the statute governing the title, whether its unlawful adoption constitutes an infringement or not, and so on. Unauthorized use or adoption of a film or book title is just as much an infringement of a book title under Trademark as it is an infringement of a patent.

Can book title under Trademark or Copyright?

A brilliant title can drastically affect a book. Unless you’re writing a book and get an idea for a title, you’re usually looking whether anyone else has it. Since no one else owns your title of the book, you may also want to protect it. You can’t do that, of course. Likewise by registering book title under Trademark but you cannot copyright a book title.

Reason for confusion of book title under Trademark or Copyright laws

Section 13 of the Copyright Act, 1957 describe works cover under Copyright as original literary, dramatic, musical, artistic work and various cinematography . Moreover, the particulars put in the register of Copyright under section 44include

•  the titles of work ,
• Content of the work,
• the name ,and
• the other relevant credentials of the author / publisher

. A significant number of people believe that the copyright relates that the title as well as the content. So far the concern before the jurist generally concern is massive copying of the content. Nevertheless, throughout one circumstance that the trouble may not be cloning of content but the title.

Case study

In the famous case of the Kanungo Media (P) Ltd. vs. RGV Film Factory and Ors. [138(2007)DLT312]. Conflict revolves around the title of the movie named Nishabd that has won a lot of awards. Plaintiff argued that the title enjoys copyrights and this made a lot viewers confuse about the movie. The high court held that copying of a title alone, and not the content, characterters, dialogue, song etc. isn’t the part and parcel of copyright law and copyright on writing wouldn’t include a privilege to use the title on the other work.

Provisions for the same are mentioned in the Trademark Act, 1999 in Schedule 4 Class41 of the Trademarks Act, 1999.

Furthermore, earlier to the judgment several right holders of the aforementioned works lodged a Trademark application to secure their title.

Judgment of Supreme Court

In Krishika Lulla and Ors. Vs. Shyam Vithalrao Devkatta and Ors. [(2016)2SCC521] , “Supreme court held that a title may be a name of a piece , it’s incomplete in itself and doesn’t qualify for being described as a ‘work’. The Supreme Court held that Kanungo and R. Radha Krishnan laid down the right law, which while no copyright subsists within the title of a literary composition , the remedy available to a complainant would be in an action for passing off or in respect of a registered Trademark comprising such titles.”

Types of literary works

How to register books Title under Trademark?

• STEP 1: Select the name of the book’s or series title
• STEP2: Research on the Trademark title
• STEP 3: Fill the application for the Trademark registration of Title under the specific Trademark classes.
• STEP4:Track the application once progress by the department
• STEP5: Book title under Trademark is officially registered.

All the book titles can be Trademark or not?

All must be aware that the all the book titles cannot be trademarked. Trademarks are meant to justify the source of either services or the goods. In fact, large number of books title did not justify the same. Various series can be trademarked and protected. Although the title of a book alone cannot be a trademark, it is important that the author owns the copyright to the text and graphics of the book itself. An experienced intellectual property attorney can help you determine whether a Copyright registration, trademark, or patent is the right remedy for your particular situation.

For the advice of the experienced Trademark Lawyer, visit our experts at Legal Window.

Conclusion

Title of books when register under Trademark get a proper protection that no one can use it unethically. In fact this provides a unique identity to the book and engages more viewers. In such cases, there is a risk that the industry will lose ownership of the work after some time. If the author of such work is a person, it should be protected. However, if such a name is common, there should be some restrictions on it.