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View Full Version : trademark license for purchased models?



LSlugger
06-04-2005, 08:49 AM
I've come across several places that sell models of a car or a recognizable character. Do they ever come with a trademark license?

There is a deleted scene on one of the Shield episodes, in which a bit part was played by someone wearing a ball cap with a team logo. (He was hired the day of the shoot.) It got all the way through production when they realized the logo wasn't licensed.

prospector
06-04-2005, 09:53 AM
What I've found out about it from lawyers.
Since doing local cable commercials and trade show videos (the ones you see behind the salespeople at trade shows), is legally yes.

And it's getting worse by the day.

your local car salesman (your example) can legally use the products in local commercials as they are a certified salesperson of that company (ford, chevy, dodge, pizza hut and so on), so buisness owners can do it.

People not authorized to sell can't (the logo on a cap, jacket, decal on car and such).

People are also covered by licensing, (no Cher representations and the like)

Which is why you see more and more shows blurring out the faces of people on the street because they won't sign a release form unless they get paid (which I refuse to do). Which is why you now see more and more the phrase 'any resemblence to any person living or dead is purely coincidental'.

The only exception I can find is for a news story where people don't have to sign release forms, any logo shown in the coverage is exempt.

So can companies sue you? yep
Do they? sometimes.
you personally? up to you and how big of a target you make ;)

Can the local folk sue? yep
Do they? sometimes, depending on how lawyers advertise in your area.
You personally? If you have enuf money to raise the eyebrows of your local lawyers. ;)

So best to check with your legal representation.Now a days more and more people are looking for 'free' money.

I don't think Ford or Chevy will come after someone like Lewis for building such great looking cars and using thier logo. As an example. But they DO have the right to.

I did get around the release form thingy once. When doing weddings EVERYONE signs a release form now (to protect myself), and when one didn't, instead of blurring or pixelating thier face, I put a mean devil smiley face on them by tracking in Aura. This embarrassed them so much that they then did sign. It is used in the bride sit down when going over the packages, and she will usually pass it on to any guests that it will happen if no form is signed. :D They don't want to mess up a brides video ;)