Trademark >> What's In A Name?

Selecting the title of a film, book or other creative content can be a daunting task. The creator must convey a message about the content and draw interest from the viewer. Also to be considered is that the title can become intertwined with the fame of a project and result in merchandising that extends far beyond the life of the original work. For example, Disney or Marvel films often result in years of residual merchandise and the products usually bear the title of the film. Title selection may even be more challenging when the creator must consider how to avoid infringing the intellectual property rights of others.

In general, a single title is not considered a trademark use unless it is part of a series, and the creator cannot claim exclusive trademark rights to it as the name of a work. However, a title still has the potential to cause confusion or infringe the rights of others. Fortunately, many courts will review the titles of expressive works under different