copyright / trademark question

[Boss Hog]

If I want to repeatedly use the name "Pizza Hut", as an example, in a film, but don't show the logo, is this possible without legal repercussions?

I'm thinking it's okay but if there's anyone out there who knows differently, or the specifics of the legalities, please let me know.

Thanks.

 

[kat]

i think it depends entirely if you are slandering the brand or not

in most cases you can mention something by name, even show the logo (or mockup logo) - as long as you arent saying anything "bad" or questionable about it.

 

[Boss Hog]

Not really. It's just someone selling coupons, that's about as specific as it gets. There's no further talk of the actual product.

 

[kat]

then i think you would be fine

if its a fairly minor detail, they arent going to bother.

 

[Boss Hog]

muchos gracias.

 

[defazman]

If you say good stuff about them, you might even get free pizza.

 

[labRat]

just say it like: pizz-UH hut
then you should be fine.

 

[Boss Hog]

or how about Pizza Butt

 

[labRat]

or pizza slut

 

[Lysistrata]

Problem with crap like that is the possibility that companies would take exception to their name or logo being used in a film is the main reason why distributors and tv stations and such won't touch your film without OE Insurance, which is priiiicey.

 

[kat]

ive seen examples in television etc. where it hasnt been a problem

as long as youre respectful to the brand

if youre really worried then just change the name to some generic brand?

 

[Boss Hog]

It would be difficult. It's hard to explain why without giving it all away.

 

[SneakyPete]

Ask Postmod, he's becoming a patent agent.

 

[Boss Hog]

yeah I'll get right on that.

 

[kat]

well, if you really want to use it and your scared of legal shenanigans

you can just ask them for permission.

either way i dont think you'd have to pay to use it, or sign an agreement.

 

[PosTMOd]

Originally posted by SneakyPete
Ask Postmod, he's becoming a patent agent.

Haha.

What's a trademark? Is is a patent?

 

[Lysistrata]

Originally posted by Lysistrata
Problem with crap like that is the possibility that companies would take exception to their name or logo being used in a film is the main reason why distributors and tv stations and such won't touch your film without OE Insurance, which is priiiicey.

About this insurance, not that you're necessarily interested, but it's information an indie film maker should have, here;s the link that was sent to me from IFC to explain it:

http://www.boyneclarke.ns.ca/Law_Letters/err+omm.html