Legal Question in Intellectual Property in New York

Use of commercial product brand name

Would using an actual product name (ie., Tide Laundry Detergent) in commercial copy created for exercise purposes in a for-profit acting tutorial video be a violation of copyright?

Asked on 5/31/02, 9:50 am

2 Answers from Attorneys

Bradley Rosen Bradley C. Rosen, Esq
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Re: Use of commercial product brand name

It still depends on the overall usage. You have also now raised a trademark question. Is the use one that might make it seem like an endorsement? Does it in any other way violate the mark? Without a review of the intended use and the source material, there is no way of giving an acurate answer.

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Answered on 5/31/02, 10:13 am
Ken Feldman Feldman Law Group
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Re: Use of commercial product brand name

No. There is no copyright protection for such names. There is trademark protection, but assuming you are using it to refer to the product itself, and everyone understands Tide is not sponsoring your excercise in any way, it would be fair use and not a problem.

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Answered on 5/31/02, 3:53 pm

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