Protection of literary and artistic titles under Trademark Law

Abstract

“The title of a work of art” is accepted as a “linguistically defined, widely, if not commonly, accepted unit name of a given work of art”1. The title of a work speaks for the recognisability of the author2, where often it is characterised by various levels of individuality corresponding to the recognisability of the work, the author, and the popularity of the work itself. The title often “[…] attracts the amateur, focuses his gaze and enchants him in advance; the title is a magician, but every so often also a shameless trickster […]”3. Titles of literary works function in the world of “symbols”. The titles dictate our choice, as convenient symbols in a set of psychological factors4. The importance of a good title still arises, so the choice of a title of work has become the subject of unbridled competition...