Single word titles for films, trademarks

N

No Handle

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I'm working on a short film with a specific title in mind, but there was a feature length film released some years ago in France with the same name. Can a common word be copyright/trademark protected? Is that common practice?

Anyway, the word is "Caché", and I think would be a great title, one that directly relates to my story on a number of levels. Anyone run into problems with something like this before?
 
I don't see any issues. IMDB deals with this all time. It happened to me on "Leap". There was a Canadian guy doing a short with the same name and applied when I did in 2009. At first, mine was Leap (I) and his was Leap (II), then they eventually moved mine to 2010 because that's when it was ultimately released. Now they're both "Leap" but his is 2009 and mine is 2010.
 
It has to be unique within reason. However, if you have similar poster art, story or anything else it could be a problem. Something like 'Darkness' can be done multiple times. You wouldn't get away with 'Star Trek'. Just avoid looking similar to the other one.

Also keep in mind that having a unique title makes it easier for people to find your film. That's the main reason it doesn't come up much.
 
Thanks for the input guys, good to know. I was mainly just wondering whether any word could be made off limits to future use due to previous use. Sounds like it's not.
 
El Director said:
I don't see any issues. IMDB deals with this all time. It happened to me on "Leap". There was a Canadian guy doing a short with the same name and applied when I did in 2009. At first, mine was Leap (I) and his was Leap (II), then they eventually moved mine to 2010 because that's when it was ultimately released. Now they're both "Leap" but his is 2009 and mine is 2010.
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Dude, this so sucks! "Wages of Sin" was released in 2007, but somehow my name got attached to the "Wages of Sin" horror film released around the same time. So for awhile people thought I had done the horror film. They even tried to jack my IMDB and I wasn't havin' it. I wrote IMDB immediately and told them flat out it was unacceptable. Does the person doing your IMDB not know your director and cast because my name was there as director and some of my cast. Now I try to come up with titles one else has or titles not based on other references. And I try not to let titles out until I'm nearing productions.

-Nate
 
Cassius said:
It has to be unique within reason. However, if you have similar poster art, story or anything else it could be a problem. Something like 'Darkness' can be done multiple times. You wouldn't get away with 'Star Trek'. Just avoid looking similar to the other one.

Also keep in mind that having a unique title makes it easier for people to find your film. That's the main reason it doesn't come up much.
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The reason you wouldn't get away with "Star Trek" has nothing to do with copyright -- "Star Trek", "Star Wars", etc. are registered trademarks. You can't copyright a title, but you can register a title as a trademark. Most titles aren't, though, unless merchandizing (t-shirts, action figures, toys, etc.) is involved.

Most likely 'Cache' isn't a registered trademark. So you're probably safe. If in doubt, consult a qualified attorney.
 
Barring the attorney route (unless he accepts payment in pocket lint and tall tales), I imagine the guy to ask about this would be John August, he wrote a film with the title "Go". Can't get much more common for a word, and he seems to be pretty up on all the legal issues. Maybe I'll post a comment asking over on his blog or something, for clarification.
 
"Cache" is also the title to an amazing french film by Michael Haneke staring Juliette Binoche and Daniel Auteuil.
 
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