Muhammad Sajid

In todays world infringement of a trademark is frequent. People at all levels are adopting a trademark which is deceptively similar to a trademark of the other. With the advancement of trade and commerce and the passage of time, various IP issues have come up. One of such issues is the title of literary, dramatic and cinematograph film works. Since this issue is new to India, there is a lot of confusion in the minds of people in the field of law regarding the statute governing the title, whether its unauthorized adoption amounts to an infringement or not, etc. The unauthorized use or adoption of the title of a film or a book is as much an infringement of a trademark as it is in other cases.

Moreover, it was till recent time supposed by various people including law practitioners that the title of the said works is covered under copyright law. The judgment of Honble Delhi High Court in Kanungo Media P Ltd. v. RGV Film Factory and Ors., popularly known as the Nishabd case has complet