ASK & DISCUSS INDEX

12 years, 2 months ago - Daniel Cormack

This is a difficult one and I would seek professional legal advice.

To my knowledge, the main issue would be trade marks. You can search the register of trademarks at ipo.gov.uk.

However there are also unregistered trademarks (registered trademarks are the 'R' symbol and unregistered ones are indicated by the 'TM' symbol). Having a registered trademark makes it easier to sue, but those with unregistered trademark also have recourse to legal action on the basis of "passing off" ie. that someone is passing themselves off as you brand in a manner which might confuse people into buying their product rather than yours.

12 years, 2 months ago - suzi Horton

Thanks for your help. I know what you mean about films but I wasn't sure if TV was the same say it was the odd couple or Happy days popular series but no longer being aired.

12 years, 2 months ago - Paddy Robinson-Griffin

Depends how you 'use' it - casually mentioning it in one context or doing a focussed piece on it in another. Context is everything. Easiest to assume it is off limits, or shoot 2 versions of the scene so you can get a professional position once the context is clear.

12 years, 2 months ago - Vasco de Sousa

Titles cannot be "copyrighted", but there is trademark infringement. Trademarks aren't that hard to get, if you have the cash, and the term hasn't been used before. The more money you have, the easier it is to obtain and protect a trademark.

(And unlike copyright, trademark is more country-by-country. So, you could be clear in one country, but not in another. In other words, just because they aren't listed in the UK website, that doesn't mean they aren't registered in Canada, Japan, Ireland, or France. And there are retroactive trademark registration options too, thanks to the Madrid Treaty.)

You don't need to put an R or TM after a sign or word for it to be trademarked.

Beyond getting sued, there are other factors to considered.

12 years, 2 months ago - Sacha Van Spall

I'm sure some people just respond to increase their posting rate, without any knowledge.
No, titles cannot be copyrighted and can only be trademarked in exceptional circumstances. Why do you think there are so many films on IMDB with the same names e.g. Crash has 20+ titles showing.
If you want your project to stand out though, it is preferrable to try and use a unique title or at least personalise a title that has been used before.