The recent finale of the BBC's hit show The Traitors has captivated audiences, becoming the most viewed final in the show's history. It first appeared on BBC One in November 2022 and is based on the TV show De Verraders (‘The Traitors’ in Dutch). As viewers were glued to their screens, witnessing the dramatic twists and turns, it also provided a unique opportunity to reflect on the broader implications of the show’s intellectual property (IP).
Registered trade marks
The IPO’s online register of trade marks is accessible online and a search for “THE TRAITORS” identifies two trade marks:
- The words “THE TRAITORS” filed on 10 June 2024: https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00004061614; and
- A stylised logo for “THE TRAITORS” featuring an intricate image, filed on 7 June 2021: https://trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003652262
The registered owner is a Dutch company, IDTV Film & Video Productions B.V., and the trade marks are registered for, amongst other goods, entertainment, namely conducting and presentation of shows, quizzes, music and dance events. Interestingly, the image in the trade mark logo is the same image printed on the round table where the banishment ceremonies take place. Thoughtful registration of IP lies at the heart of many a brand success and a portfolio of word and logo marks will offer the strongest form of protection.
Registered trade marks allow a brand owner to protect their patch. When making an application a trade mark owner will select all the goods and services they want to cover and, when registered can stop others from the unauthorised use of a similar trade mark for similar classes of goods and services in the UK. Trade marks, once registered, gain legal protection from the date of filing. There is a standard IPO fee (currently £170 at the time of writing) for each trade mark application to cover one class of goods/services and an additional £50 for each additional class.
Trade marks are territorial
As evidenced by the trade marks, the registered owner is the Dutch company. Because trade marks are territorial, they only secure protection in the countries in which they are registered. This means that a trade mark registration in the Netherlands or the EU would not give the owner protection in the UK.
A brand owner should proactively register trade marks in the territories where it will be offering your goods and services, ideally before starting trading. First to the mark in trade mark registration means that the first person to file an application for a trade mark, regardless of actual use, is typically considered the owner of the trade mark rights, essentially giving priority to the first to file rather than the first to use the mark. There are some exceptions to this rule but the best option to avoid litigation is to consider trade mark strategy proactively and brand owners will benefit from 10-year protection for a low cost from registration of trade marks.
Copyright protection
Unlike trade marks, copyright is an automatic right which protects certain original works. Copyright does not protect a mere idea, but it can protect an original idea that is captured in some recorded form. There is a Traitors board game and copyright will likely protect:
- The logo.
- The shape and appearance of playing pieces, boards, and the game's layout.
- The dialogue in the game.
- The instructions that come with the game.
- The story of the game.
It’s imperative to document the design process and ensure that written records are signed and dated. Use of the © mark acts as a deterrent to infringers but ultimately the onus rests on the brand owner to take action and enforce the intellectual property rights.
Ownership of intellectual property rights
If more than one individual has created original works in collaboration, the copyright may be jointly owned which can cause issues when trying to exploit the intellectual property rights and generate revenue. Ownership disputes often occur when there has been no agreement setting out how intellectual property will be owned at the commencement of the project. To transfer the copyright ownership after works have been created you will require a copyright assignment and there are necessary formalities. To avoid potential disputes brand owners should seek expert advice before working on a new project with third parties. If not, they may find questions about joint ownership of copyright halting their plans to try and licence/franchise their branding.
IP is commercially exploitable
Intellectual property rights can be sold, assigned, franchised, or commercially contracted. IDTV Film & Video Productions B.V. can license its intellectual property to the BBC and the manufacturers of the board game, generating additional revenue and penetrating markets in territories where the company does not operate, expanding the outreach of its brand.
Registration of trade marks a prerequisite to convenient dealings with third parties because it is important to be able to control how the other party uses the branding. There are key clauses in a licence agreement which need careful attention and brand owners should seek legal advice to ensure their position is protected.
Conclusion
As the curtain falls on this season of The Traitors, it's clear that the show offers more than just suspense and entertainment. It provides a fascinating lens through which to examine the intricacies of intellectual property in the world of reality TV game shows.
While we eagerly await the next season, brand owners should remember that in the game of intellectual property, much like in The Traitors, it's all about playing your cards right... Keep your IP strategies sharp and your IP licence agreements even sharper!
How can Tozers help you with your branding?
Our experienced intellectual property team can advise you on how to protect your patch and maximise the IP protection available to you.
As a top firm for client satisfaction we have built a reputation as good listeners, who can help break down complex legal jargon into words you can understand and are experts at advising on your individual situation.
