Trademarks in Film - Best Practices

Trademarks in Film – Best Practices

Posted on September 23, 2009 in Contracts and Law | 2 Comments

Do you need permission to use every single trademarked item in your shot? Michael C. Donaldson may have an answer that will surprise you.

…Coca-Cola, Nike, Reebok, Adidas, UPS, McDonalds, FedEx, Dairy Queen, Kodak. You may ask what these brand names have in common. These brand names (and many others) all represent trademarks. “That sounds expensive! How can I afford for the protagonist in my film to be drinking a Pepsi and eating a slice of Dominos pizza during dinner? I will have to cover up all of the labels.” Unfortunately, this is how most filmmakers think. The thought that producers must obtain permission and cough up more of their dwindling production budget to use every label, sign, or shingle in their film is not entirely true. This concept is a very misunderstood notion of trademark law.

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