Are fictional trademarks or brand names used in movies and TV legally held?
I saw this article and it got me thinking about fictional brands we see in movies and TV.
Are they actually applicable trademarks?
Meaning are they registered and legally upheld or could anyone market a product using a trademark from a movie?
Here is the wiki link to trademarks I didn't see anything that mentions this.
Best Answer
Very few (if any) fictional products are actually registered trademarks, however they are creative works. This means any use of similar packaging is subject to copyright infringement laws. There is a possible case against a product using only the same name, if it's reasoned the name could cause confusion.
The best example to understand this situation would be Duff Beer from The Simpsons. That wiki page lists several instances of beers named Duff around the world. Some have had legal action sought against them by Fox (names only as well as name and design), and some have escaped any legal action. Interestingly, a man in Mexico has managed to register 'Duff' as a trademark in Mexico.
Pictures about "Are fictional trademarks or brand names used in movies and TV legally held?"
Can you use a brand name in a movie?
A filmmaker's right to include trademarks within a film is clear. You do not have to ask permission to use a trademark, logo, or product bearing the trademark in your film as long as you use the trademark or logo as it was intended to be used.Can you use brand names in a screenplay?
Writers frequently ask whether they can mention brand name products and services in their fiction. The answer is "yes," provided that you take some common sense precautions.Can I have a logo in my movie?
While trademarks and brands can be used in films and other productions, be careful how you portray the trademark. An incidental display of a branded product in your production may not violate trademark rights.What is a fictional brand?
A fictional brand is a non-existing brand used in artistic or entertainment productions, such as paintings, books, comics, movies, TV serials, and music. The fictional brand may be designed to imitate, satirize or differentiate itself from a real corporate brand.Copyright versus Trademark - What's the difference?
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Answer 2
I would like to think they are not, as stores such as Last Exit To Nowhere appear to commercialize fictional movie brands. (Or to put it differently, I'd be very surprised if shops like LETN would have negotiated with the movie studio's in order to be allowed to use the fictional brands).
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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