Greeking the Way to go with logos/trademarks?

[Paul Tauger]

BTW, Matt, go ahead an email me:

ptauger@schnader.com

No promises, but I'll see what I can do.

[Ken Tanaka]

Matt,
I don't know if this will give you any guidance at all, but here it is anyway.

I'm currently working on a project that will be screened on the Web. Several shots were street scenes. We purposely selected the locations and staged the scenes to minimize identifiable exposure of specific businesses and/or advertising. But, being in a dense urban location, complete avoidance was nearly impossible. Some shots feature labelled awnings and/or billboards. I will have to work with After Effects and Commotion to remove all identifiable names and symbols from those shots to avoid any potential conflicts.

[James Emory]

I have noticed that some reality shows and others will blur out a Coke or Pepsi machine, a sign, or something on a t-shirt(usually profane) in the background of a shot. Now, that makes it stand out even more and I'm going to try to figure out what it says even harder. If they had just left it alone, I would not have even noticed it because it is so common anyway. But I guess as soon as they leave it, the logo owner would object to the content of the program and have a nice little suit against the producer. I don't know if this is relevant, but the latest David Spade film is in hot water with Whamo!, maker of the Slip 'n Slide, for depicting it as an unsafe toy by the way it was used in the film. It's just rediculous. I don't even know if the name was even mentioned or displayed.

[Ken Tanaka]

<<<-- James: I don't know if this is relevant, but the latest David Spade film is in hot water with Whamo!, maker of the Slip 'n Slide, for depicting it as an unsafe toy by the way it was used in the film. It's just rediculous. I don't even know if the name was even mentioned or displayed. -->>>

Sounds like a case of the "false light defammation" that Paul has noted in other posts.

It may sound ridiculous to you but consider this. You've spent millions to develop, distribute and market a product. You've jumped through numerous hoops to demonstrate that it's safe. Then some "filmmaker" comes along an uses it as a prop in his movie and shows a character breaking his neck with the thing. Your sales immediately go down the crapper.

Now how "ridiculous" does it sound? Movies are profoundly influential on public opinion. Product manufacturers should have a right to defend themselves against such potentially damaging expositions.

[Matthew Kaplan]

Their defense should be, no one saw Dicky Roberts.

It's like suing Gigli for defaming turkeys.

Not to mention that toy is so over. That is the frist I've heard of the slip and slide since I was five years old.

I think it's good publicity.

I mean did the car companies have to sue after CHRISTINE becuase people might think their cars will kill them.

I think this world would be better with more common sense and less sue happy people.

I mean i can't think of anything more important than slip and slide defamation. Oh wait I can, 3 billion other things.

[John Locke]

There's definitely a flip-side to consider.

You know how record companies completely ignore requests from indie filmmakers to use music in their films? But then look at the revival of ABBA after "Muriel's Wedding." That put a few dollars in someone's pockets...and dollars that wouldn't have shown up if a no-name, indie filmmaker hadn't decided to use that music.

P.J. Hogan deserves credit not only for pursuing ABBA until they relented (like practically everyone, they automatically said no when asked...and kept saying no) but also for opening the eyes of the "big league players" to see that cooperating with minor league players can sometimes pay off.

[James Emory]

Ken. I know that there is a valid concern for misconception of a product's safe operation. What is rediculous and unfortunate is that there are those out there that could believe what they see and not recognize it as exaggerated or intentional misuse. As a kid, well, a much younger kid, I never shot anyone or hit anyone with a hammer from watching Bugs Bunny & The Roadrunner or The Three Stooges.

[Ken Tanaka]

James: I certainly agree that, at least in the U.S., we've become an overly litigious society of fault-seekers.

But I think the film entertainment business has also made itself a target for big pay days with some production budgets approaching the GNP of some small nations.

Ahh, if only Moe had used a Stanley hammer!