Trademarks In Film – Best Practices

Coca-Cola, Nike, Reebok, Adidas, UPS, McDonalds, FedEx, Dairy Queen, Kodak. You may ask what these brand names have in common. These brand names (and many others) all represent trademarks. “That sounds expensive! How can I afford for the protagonist in my film to be drinking a Pepsi and eating a slice of Dominos pizza during dinner? I will have to cover up all of the labels.” Unfortunately, this is how most filmmakers think. The thought that producers must obtain permission and cough up more of their dwindling production budget to use every label, sign, or shingle in their film is not entirely true. This concept is a very misunderstood notion of trademark law.

The important part of a trademark is what the mark represents. A trademark represents the source – it identifies who made the goods you are buying or who provided the services you are enjoying. So the big question remains, “Can I use someone else’s trademark in my film?”

The good news is that as a filmmaker, your right to include a trademark in your film is clear. You have a right to include the trademark in your film as long as the trademark or the product bearing the trademark is used as it was intended to be used without any consequences of its use being abnormal or out of the ordinary. Therefore, as long as a filmmaker is using a trademark or logo as it was intended to be used, and do not disparage or tarnish the trademark or logo in your film, you may include such trademark or logo without asking permission to do so. Simple, right?

Like any other rule, there is always one caveat. You as a filmmaker do not have the right to commit trade libel, not even in the name of entertainment. Trade libel occurs when a product or service is falsely accused of some bad attribute. For example, if you showed someone in your film eating a McDonald’s hamburger, then that person immediately keeled over because the food was poisonous, that would libel the trademark.

Another major question that arises sounds something like this, “So if I can use a trademark in my film in a non-libelous manner, why would I want to pay a license fee to clear it?” While the law does not require the filmmaker to obtain permission to use these items in film or television shows, there may be some good business reasons to do so anyway. For instance, broadcast television is an advertiser- supported medium. Therefore, if you used Coca-Cola labels on every beverage, and these beverages are prominently visible on the television screen, you have essentially given Coca-Cola free airtime.

I do not think the network broadcasting your show would be too thrilled giving away free airtime. Additionally as a filmmaker, you may potentially create more than one film. By showing goodwill and possibly paying or asking permission to use a trademark in your current film, the trademark holder may be willing to support, or even finance a portion of your project (assuming of course the trademark holder liked the use of their product or trademark in the film). So while permission to use a logo or trademark may not always be necessary, it might make good business sense to get permission anyway.

The Indian Film Industry

Indian films began in 1896 when an agent from France brought his movie equipment and showed moving pictures in Bombay. That was an important point in Indian history and the start of the development of the Indian film industry.

The first film made in India was released in 1913 by Dadasaheb Phalke. The film’s title was Raja Harishchandra. It was a mythological film that has since been produced several times.

There are now different types of film industries in India categorized by their regions. These are: Hindi, Telugu, Tamil, Kannada, Marathi, Malayalam, Bengali, Bhojpuri, Gujarati, Oriya, Punjabi and Assamese films.

The first Indian film shown in India was the movie Alam Ara which was released in 1931. It was also the first movie that had sound effects; the movie was called a “talkie” because it was the first time the actors were heard talking in a film. This was again the beginning of a new era for the Indian film industry.

During the 1930s and 1940s Indian films began to have a modern outlook and adopted the emerging societal ideas and practices of the decade. Film makers added major innovations to their films. In 1935, the movie Devdas was released. It wasan important film of the decade. The film was directed by Pramathesh Barua. The movie was based on a love tale and presented the distinction between femininity and masculinity.

The world-famous Bollywood was a Hindi film industry that started in the 1970s. It is inspired by the American film industry’s Hollywood. Bollywood is now one of the leading film industries in the world which has released many movies and introduced popular actors and actresses.

The Golden Age of the Indian film industry began in the 1940s. Some of the best films were produced during this decade until the 1960s. The films Pyaasa and Kaagaz ke Phool were two of the movies produced during the Golden Age.

In the 1950s, the Parallel Cinema movement began, led by the Bengalis. Some of the movies produced during this era were Neecha Nagar and Two Acres of Land.

The Indian modern cinema was introduced in the 1960s. It was when romance movies and action films became popular in the Indian film industry. During the mid-1970s until the 1990s, Indian cinema began producing films about bandits and gangsters.

The Indian film industry continues to produce and release movies that reach the world beyond Bollywood. Indian film producers are known to make lengthy movies, with some films lasting three hours or more.

This ‘Spirited’ Film Lacks Substance

A London based successful fashion photographer Armaan sleeps in the station for he hears voices in his apartment or even when he is alone. Realizing that he can not only hear them but also see them the dead contact him to complete their unfinished business on earth. Crazy as it sounds he starts helping them much to the disdain of his clueless girlfriend Ghena. The only people who know this is his psychiatrist and Mini, his lesbian assistant. Armaan starts helping Carol, a spirit murdered by her husband some 30 years ago, to look for her son. As Armaan gets more involved in Carol’s world his psychiatrist is convinced that he is schizophrenic. Unperturbed Armaan realizes that he isn’t just looking for Carol’s missing son but is, in fact, seeking to unearth some secrets of his past as well.

The screenplay of the film spirals out of control with each passing moment leading to sheer anger and frustration in the viewer. Think about it – Armaan has been helping real ghosts solve tangible problems but his psychiatrist is convinced that he is suffering from schizophrenia and even convinces Ghena of the same. Rather than confronting each other Armaan doesn’t tell Ghena about the ‘real’ ghosts that she believes are ‘imaginary’ and she won’t come out and tell him that he is nuts! If Armaan can take Mini on ghost problem solving mission then why won’t he ask her to explain things to Ghena or just take Ghena to meet the dead ghost Kapoor’s very alive wife!

In addition to a fistful of half-baked decent scenes legendary Ashok Mehta’s cinematography is all the substance in Hum Tum Aur Ghost. Three writers including Arshad Warsi are credited but it seems like they came up with scenes just to fill the interesting lines they conversed in. The treatment is contrived and stupid that physically we see Armaan the first few times when Kapoor enters his body but when it comes to ‘meeting’ his wife Armaan transforms into Kapoor!

Arshad Warsi plugs in a few good ones but takes a beating for trying his hand at drama as his emotional histrionics leaves the audience in splits. Boman Irani as Kapoor the main ghost is passable while Sandhya Mridul’s gay assistant photographer might be routine but enjoyable in parts. Dia Mirza puts in an earnest effort and is partly convincing as well but one thing’s beyond doubt she has never looked so pretty on screen!

Director Kabeer Kaushik who gave Arshad Warsi his only decent serious outing as an actor in Seher seems completely at sea here. Hum Tum Aur Ghost might have been interesting on paper but lacks luster and ends up being below average.

Cast:

Arshad Warsi, Dia Mirza, Sandhya Mridul, Boman Irani and Zehra Naqvi

Screenplay:

ArshadWarsi, Arshad Ali Syed, Soumik Sen

Directed by:

Kabeer Kaushik

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