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https://rodriqueslaw.com/blog/how-use-brands-and-products-film https://rodriqueslaw.com/blog/how-use-brands-and-products-fi... Trademark owners may object to t
by barrkel 7y ago
https://rodriqueslaw.com/blog/how-use-brands-and-products-film https://rodriqueslaw.com/blog/how-use-brands-and-products-fi...
Trademark owners may object to the use of their trademarks in fictional films or other media productions without their consent, and seek to enjoin such uses by filing a trademark infringement action under section 43(a) of the Lanham Act (15 U.S.C. § 1125(a)), unfair competition in violation of the common law of New York, under the Federal Trademark Dilution Act ("FTDA"), and dilution of trademark in violation of New York's anti-dilution statute (section 368-d of the New York General Business Law).
- gamblor956 7y agoSomehow you picked entirely the wrong paragraph from that blog post to summarize it. The cited paragraph would be true of a movie like Harold and Kumar go to White Castle because the brand name is part of the title of the movie and the brand plays a major part of the story. But it wouldn't apply to an incidental use of a branded product in a production, i.e., a car chase scene whether the brand of the car or vehicle-specific features are irrelevant.
- barrkel 7y agoOf course it wouldn't apply to incidental background usage. What did you think I was saying? Somehow you got the completely wrong idea.