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

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.