QUESTION
Would it be legal to use Cott-produced, generic beverages in a film?
Asked on Jul 08th, 2013 on Intellectual Property - Arkansas
More details to this question:
Walmart sells a line of beverages manufactured by Cott with very generic labelling, for example: http://i.walmartimages.com/i/p/00/06/15/00/01/0006150001096_180X180.jpg Since these drinks bear no brand name, I know there are no trademark/brand issues there. There are also no trademarked logos (with the exception of a very small Royal Crown logo by the nutrition facts which would be easy to not show on camera). Here's what I'm wondering: Could the printed format on the can be protected by some sort of copyright/trademark or other form of intellectual property protection? If so, how can I find out?
1 ANSWER
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Context matters. As a general matter, it is perfectly "legal" to use anyone's logo or brand indicia in a film, without permission, as long as it is done in a manner which does not falsely suggest the endorsement or sponsorship of the film or the producer's products by the trademark owner. For example, it is entirely possible to have your hero drink Beefeater or 7-Up in clearly identified containers. No permission is required. It is not really clear what interest you may think is being protected, but trademark law doesn't preclude all use of the trademark owner's mark by others. Sometimes, in an excess of caution, such permissions will be sought. They are nearly universally granted.
Answered on Jul 08th, 2013 at 3:05 PM