Using "Coca Cola" logo in documentary... at DVinfo.net

Greg Quinn · July 23rd, 2007, 02:10 AM

I'm currently producing a documentary about an event in the 70''s and have some contemporaneous photos, including one in which someone is drinking coke from a can and the Coca Cola logo is clearly visible.
Firstly, do I need to get permission from Coca Cola to show this photo
Secondly, on a practical basis, is it even worth me bothering trying to get permission from a behemoth of a company like this given likely issues about finding the correct person to deal with and licensing fees for what is a very low-budget production.

Thanks
Greg

Justin Tomchuk · July 23rd, 2007, 09:19 AM

I know I have seen the coke logo being used all the time, even in Pepsi commercials where they make fun of Coke, and I'm almost positive Coke didn't hand out permission for those ones. I've seen the documentary 'The Corporation' where they show hundreds of different logos in a bad light explaining how much they had to pay for corruption charges.

Still I don't know the legal implications on this, but my guess would be that they would not bother to sue you over something so small, especially if the way you display their logo is not in a bad way.

Richard Alvarez · July 23rd, 2007, 09:40 AM

Greg
Untill and unless Paul Tauger, the IP attorney who frequents our forum weighs in, I'll ask these questions.

What is the nature and subject matter of your documentary? Is Coca Cola relevant to the material?

And finally to answer your last question, "NO". It's probably not worth the effort. Coke and Disney are probably to two biggest and most aggressive defenders of trademark issues.

Is there some reason you can't 'greek out' the logo by blurring it?

"So you gotta ask yourself punk, do ya feel lucky? Well... DO YA?" - with apologies to Dirty Harry.

Greg Quinn · July 23rd, 2007, 05:16 PM

Thanks Richard, Justin. This relates to still photos from the movie set of an old film. One of the crew is holding a coke with the logo and name clearly in view. I might just press ahead and use it, with a note in the credits that "All trademarks displayed in my movie belong to their respective owners". It just seems looney to me to have to blur out a coke logo, given that it's so ubiquitous - next thing you know we'll need to start blurring out the hood logo on Fords.

Richard Alvarez · July 23rd, 2007, 05:17 PM

Sounds like it's pretty incidental, as long as your comfortable with your level of exposure, go for it.

Matt Buys · July 23rd, 2007, 06:50 PM

If you get sued would you mind updating your post? I'm thinking of doing something similar.

Greg Quinn · July 23rd, 2007, 08:33 PM

Quote:

Originally Posted by Matt Buys

If you get sued would you mind updating your post? I'm thinking of doing something similar.

I would hope they would issue a C&D before actually suing me. My guess is that this will get resolved one way or another by the time I acquire E&O for the project.

Glenn Davidson · July 23rd, 2007, 08:58 PM

Maybe if you portay them in a favorable, nostalgic light you could ask for a placement fee.

Paul Tauger · July 24th, 2007, 01:27 PM

Quote:

Originally Posted by Greg Quinn

I'm currently producing a documentary about an event in the 70''s and have some contemporaneous photos, including one in which someone is drinking coke from a can and the Coca Cola logo is clearly visible.
Firstly, do I need to get permission from Coca Cola to show this photo
Secondly, on a practical basis, is it even worth me bothering trying to get permission from a behemoth of a company like this given likely issues about finding the correct person to deal with and licensing fees for what is a very low-budget production.

Thanks
Greg

I can only respond to the legal question. Whether you can use the Coca Cola logo depends on two things: if your use will result in a likelihood that consumers will think that Coke is either the source, sponsor or endorser of your documentary, or, if your use of the logo diminishes the source-identifying character of the trademark, or tarnishes the trademark, than you cannot. These kinds of determinations should only be made by a lawyer, and are highly fact-specific, i.e. without seeing your documentary and knowing where it will be shown, it's impossible to say.

Paul Tauger · July 24th, 2007, 01:29 PM

Quote:

Originally Posted by Greg Quinn

I would hope they would issue a C&D before actually suing me. My guess is that this will get resolved one way or another by the time I acquire E&O for the project.

A trademark owner doesn't have to send a C&D and there are many instances in which it wouldn't. For example, if the mark owner thinks that your use tarnishes the mark, the mark owner will simply proceed to litigation and obtain a Temporary Restraining Order.

Paul Tauger · July 24th, 2007, 01:30 PM

Quote:

Originally Posted by Richard Alvarez

Sounds like it's pretty incidental, as long as your comfortable with your level of exposure, go for it.

First, this is a trademark issue, not a copyright issue. There is no "incidental reproduction" doctrine for trademark. Second, the doctrine as applied to copyright is not, in the least, settled law and shouldn't be relied upon.

Richard Alvarez · July 24th, 2007, 01:35 PM

You're right Paul, my explanaition should have had a 'snark' attached.

Paul Tauger · July 24th, 2007, 01:50 PM

Quote:

Originally Posted by Richard Alvarez

You're right Paul, my explanaition should have had a 'snark' attached.

That's what we need -- more snarks. ;)

Greg Quinn · July 25th, 2007, 01:31 AM

Paul, thanks for your comments.
Greg

Kevin Randolph · July 30th, 2007, 03:40 PM

Forgive the ignorance....

Snark?

it won't bite me when I goto the beach will it?

July 23rd, 2007, 02:10 AM	#1
Greg Quinn Major Player Join Date: Oct 2006 Location: San Diego, California Posts: 505	Using "Coca Cola" logo in documentary... I'm currently producing a documentary about an event in the 70''s and have some contemporaneous photos, including one in which someone is drinking coke from a can and the Coca Cola logo is clearly visible. Firstly, do I need to get permission from Coca Cola to show this photo Secondly, on a practical basis, is it even worth me bothering trying to get permission from a behemoth of a company like this given likely issues about finding the correct person to deal with and licensing fees for what is a very low-budget production. Thanks Greg

July 30th, 2007, 03:40 PM	#15
Kevin Randolph Major Player Join Date: Aug 2006 Location: Columbus, Ohio Posts: 423	Forgive the ignorance.... Snark? it won't bite me when I goto the beach will it? __________________ "... the drama is on your doorstep..." - John Grierson www.grvideo.net

July 23rd, 2007, 09:19 AM	#2
Justin Tomchuk Regular Crew Join Date: Jun 2006 Location: Montreal Posts: 164	I know I have seen the coke logo being used all the time, even in Pepsi commercials where they make fun of Coke, and I'm almost positive Coke didn't hand out permission for those ones. I've seen the documentary 'The Corporation' where they show hundreds of different logos in a bad light explaining how much they had to pay for corruption charges. Still I don't know the legal implications on this, but my guess would be that they would not bother to sue you over something so small, especially if the way you display their logo is not in a bad way.

July 23rd, 2007, 09:40 AM	#3
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	Greg Untill and unless Paul Tauger, the IP attorney who frequents our forum weighs in, I'll ask these questions. What is the nature and subject matter of your documentary? Is Coca Cola relevant to the material? And finally to answer your last question, "NO". It's probably not worth the effort. Coke and Disney are probably to two biggest and most aggressive defenders of trademark issues. Is there some reason you can't 'greek out' the logo by blurring it? "So you gotta ask yourself punk, do ya feel lucky? Well... DO YA?" - with apologies to Dirty Harry.

July 23rd, 2007, 05:16 PM	#4
Greg Quinn Major Player Join Date: Oct 2006 Location: San Diego, California Posts: 505	Thanks Richard, Justin. This relates to still photos from the movie set of an old film. One of the crew is holding a coke with the logo and name clearly in view. I might just press ahead and use it, with a note in the credits that "All trademarks displayed in my movie belong to their respective owners". It just seems looney to me to have to blur out a coke logo, given that it's so ubiquitous - next thing you know we'll need to start blurring out the hood logo on Fords.

July 23rd, 2007, 05:17 PM	#5
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	Sounds like it's pretty incidental, as long as your comfortable with your level of exposure, go for it.

July 23rd, 2007, 06:50 PM	#6
Matt Buys Major Player Join Date: Aug 2006 Location: Asheville NC Posts: 426	If you get sued would you mind updating your post? I'm thinking of doing something similar.

July 23rd, 2007, 08:58 PM	#8
Glenn Davidson Major Player Join Date: Dec 2005 Location: Nevada City, California Posts: 499	Maybe if you portay them in a favorable, nostalgic light you could ask for a placement fee.

July 24th, 2007, 01:35 PM	#12
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	You're right Paul, my explanaition should have had a 'snark' attached.

July 25th, 2007, 01:31 AM	#14
Greg Quinn Major Player Join Date: Oct 2006 Location: San Diego, California Posts: 505	Paul, thanks for your comments. Greg