QUESTION
Can I display a USA jacket in my independent film?
Asked on Aug 29th, 2013 on Entertainment Law - Oregon
More details to this question:
I am filming an independent movie and wanted to have my lead actor wear a red, white, and blue jacket with the letters "USA" on the back. This is a vintage jacket from the 1980's and as far as I am aware it was not made or distributed by the Olympic committee. The tag says the promotion group in Milwaukee. Is the "USA" logo copyrighted? Would I be able to use it in my film? Thank you for your help.
2 ANSWERS
Susan Marie Basko
I think it is trademark and not copyright that may be of concern in this instance. Oddly enough, there are over 13,000 trademarks using USA as part of it. The risk you run is that the jacket emblem is a trademark and that the trademark owner will object to its use in your film, which will make the film unusable. It is always best in a film to avoid any logos or trademarks of any kind. If you want to create a wardrobe piece that uses USA on a jacket, have a lawyer do a little research for you to be sure you are not infringing anyone's trademark and create your own jacket. Or if you want to use an existing piece, get clearance from the trademark owner.
Answered on Aug 29th, 2013 at 3:18 PM
Theodore M. Roe
The mark "USA" is not trademarked, however, a stylized logo containing the mark "USA" may be trademarked. I recommend that you retain an experienced intellectual property attorney, such as yours truly, to perform the appropriate search.
Answered on Aug 29th, 2013 at 2:13 PM