What are the Do's and Don’ts of Trademark Use and Product Placement in Productions?
The Do's and Don’ts of Trademark Use and Product Placement in Productions
Product placement has become a multi-billion-dollar advertising strategy, but using branded products on screen without permission can expose productions to legal risk. While trademarks may appear incidentally or for expressive purposes, liability can arise when brands are used negatively, misleadingly, or in ways that imply sponsorship or endorsement.
Use Trademarks Carefully and for Their Intended Purpose — Showing branded products as they are normally used, such as a character driving a recognizable car, is generally safer than depicting those products in harmful or controversial contexts. Using a brand in a way that damages goodwill, suggests dangerous behavior, or associates the brand with illegal or immoral acts can lead to claims for trademark infringement or dilution.
Avoid Confusion, Misrepresentation, and Disparagement — Trademark law focuses heavily on whether an audience could believe a brand owner sponsored or approved the use. Negative portrayals, misleading dialogue, or jokes that blur the line between parody and confusion may trigger enforcement actions, even when knock-off products or wordplay are used.
Rely on Fair Use Cautiously and Mitigate Risk Where Possible — Incidental use, nominative use, and parody may qualify as fair use, but those boundaries are not always clear and are often judged after litigation begins. Productions can reduce risk by including trademark ownership notices, masking or blurring brands, or obtaining permission, especially when dealing with highly valuable or aggressively policed trademarks.
For more information, see our blog post Do's and Don’ts of TM Use and Product Placement in Productions.
Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.
This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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