March 28, 2024
Entrepreneurship Knowledge

Trademarks in Film – What You Should Know

Trademarks in Film

Trademarks in Film – What You Should Know

Are you a filmmaker with concerns about trademarks appearing in your work? Do you own a trademark displaying on screen without your consent?  In either case, you want to understand your options and the best practices for using trademarks in film and television. There is a lot to unpack here, and this article will help to make things more straightforward.

Is Permission for Trademark Use Always Necessary?

After learning how to trademark your business name and how to file a trademark, you, as the mark’s owner, want to diligently protect your trademark registration from unauthorized use and infringement.

As a filmmaker, you may use trademarks in films so long as you depict the trademark or product functioning as intended and not in an out-of-the-ordinary or bizarre fashion. If you use the trademark or product appropriately and do not disparage or tarnish the brand, you may use that mark without permission.

However, it still may be worth your time to check with the mark’s owner for their consent. Offering this courtesy, and possibly even paying for that usage, may go a long way toward considerations regarding future projects you may pursue.

After all, building a successful brand is all about creating goodwill and trust. And anyone can sue anyone for anything.

Appropriate Trademark Usage

If your trademark, product, or logo appears on film briefly or in the background as they might typically in an everyday setting, there is likely no case for infringement. Showing the same or similar trademarks or branded products as part of a joke or in a negative light is the most likely route to litigation.

Filmmakers want to avoid causing confusion around any trademarks appearing in their production. For instance, you might mistakenly create the impression that the trademark owner endorses, sponsors, or approves of this usage. However, First Amendment free speech rights typically outweigh a trademark owner’s argument of confusion.

Trade Liable

Falsely accusing a brand of bad attributes is Trade Liable. For example: should you depict an individual eating dinner at Denny’s restaurant suddenly clutching their throat and falling dead, you would be liable for the trademark regardless of the script’s stated cause of death.

As a filmmaker, you must avoid these situations.

Hiding in Plain Sight

Iconic structures are a common element in many films. These marvels are distinctive and unavoidable elements in cityscapes and other locations. For instance, the famous Hollywood Sign is a feature in countless movies, advertisements, and programs, and every appearance of this iconic structure requires a license for its use.

Likewise, the Empire State Building and Eiffel Tower are members of this large international cohort. Interestingly, licensing requirements for the Eiffel Tower will differ between daytime and nighttime usage. Daytime images are in the public domain, while nighttime images require a licensing agreement.

And,

Since virtually anything can qualify for trademark registration, filmmakers often miss the subtle background images that can create an infringement case. A good example is the particular shape and style of the ubiquitous Coca-Cola bottle and glass.

Items like these, appearing casually or otherwise in film, present the typical trademark challenge. People will often mistakenly believe that merely blurring out or digitally removing labels on items like these is sufficient to quash infringement concerns; nothing could be further from the truth.

As we said, anything can qualify for a trademark. The unmistakable shape of the Coca-Cola bottle and glass are two such marks and still recognizable brand symbols without their label.

The Other Side of the Coin

Although unauthorized trademark use in film can be problematic for the trademark owner, having your trademark appear in any Hollywood production may deliver valuable audience recognition for your brand.

Ideally, the film’s production team will reach out to seek your approval for the use of your mark in their work. Better yet when they gladly reimburse you for that consideration. But, even without that compensation, your brand can gain traction from appropriate representation.

Plus, licensing your trademark to a film, advertisement, or another entertainment or marketing venture is taking the next step in monetizing your brand. Licensing your trademark moves it from solely being your brand identifier to a valuable product and profit center.

We will discuss the challenges and benefits of licensing your trademark in an upcoming blog; stay tuned.

Summary

Not every trademark appearing in film requires a licensing agreement. If the mark or product appears and functions as initially intended, and the depiction does not disparage or libel the brand, infringement may not exist.

However, it may be to the filmmaker’s advantage to seek a license and make that payment for goodwill and future considerations.

The owner of a registered trademark will often benefit from the increase in brand recognition that appearing in film can deliver. A casual mention or on-screen appearance can facilitate massive consumer interest in an otherwise little-known brand or product.

Whether the trademark owner wins a licensing agreement or graciously allows the usage of their mark in the act of goodwill, both parties stand to gain significantly with appropriate brand representation.

Conclusion

After expending all the energy and resources, learning how to file for your trademark, register your company name, and ultimately achieve trademark registration, protecting your rights as the mark’s owner is critical.

Trademark Factory®’s mission is to help you be successful in achieving these goals. Our all-inclusive, 100% cash-back guarantee of trademark registration success makes attaining your goals much easier and less costly.

Let our professional trademark attorneys and highly trained and specialized professionals do the heavy lifting. We will help you craft the best strategies and advise you as you navigate the process.

Contact us today to learn more, and let us do what we do best while you do the same and build your successful brand.

 

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