Legal Question in Intellectual Property in New Jersey

Intellectual property/trademark question.

In the movie �Cast Away�, Tom Hanks plays a FedEx supervisor who gets stranded on an island. FedEx trucks and packaging are prominently displayed throughout the movie. Would FedEx have been entitled to any compensation for using images of their products in somebody else�s money-making venue?

The reason I�m asking... I am planning a series of web pages using humorous photo stories. The humor/story plots lean heavily on the use of well-known brand name items. My goal is, of course, to sell advertising space eventually, if I get sufficient traffic at the site. So, I would, in effect, be making money by using images of somebody�s else�s trademarked items. Will I get into legal problems?


Asked on 2/09/10, 5:36 am

1 Answer from Attorneys
Daniel Pepper Pepper Law Group, LLC

The use of these trademarks as you've described is most likely problematic. In order to constitute "fair use" of these trademarks, your use must meet the following requirements: (1) the author's use of the mark must accurately describe the trademark owner's product or service; (2) the author must use the mark in a non-trademark manner and not as a source identifier of the author's work; and (3) the author's use must be in good faith.

I don't know enough about what your website will be doing with these marks, so you'd be well advised to consult with a qualified attorney who can discuss your risks in detail.

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Answered on 2/15/10, 6:31 am


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