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Comments for
If I show a product like a car or can of pop is it trademark or copyright infringement?

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Jan 19, 2012
It Depends
by: Jaia A. Thomas, Esq.

The most common answer given by attorneys on this issue is.. it depends. First, the appearance of a product such as a Mercedes car or a Coca-Cola can would fall under a potential trademark dispute not copyright dispute.

As defined by the United States Patent and Trademark Office (USPTO), trademarks are those words, symbols, phrases or designs which the public associates with a single source or goods or services.

Whether a product label would have to be contacted prior to use primarily depends on whether there is a strong likelihood of confusion (e.g. would viewers be confused as to who manufactures the Mercedes car or Coca-Cola can?).

As long as the trademark is not represented “as a badge of origin” you should feel comfortable displaying the product without contacting the company or blurring the product.

Be forewarned, however, that companies are less accommodating for those filmmakers who commit trademark libel or tarnishment. Trademark libel occurs when a product or service is falsely accused of some bad attribute (e.g. actor drinks a Coca-Cola and throws up immediately afterwards).

Contact: Jaia A. Thomas, Esq. (jaia@jathomaslaw.com)
www.jathomaslaw.com

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