Analysis of the Critical Use of Trademark in Films under the Realm of Lanham Act

Abstract

Trademarks are also featured prominently in films. Filmmakers’ reputation and goodwill may be damaged and held responsible for the disregard or harmful use of a brand. When the use of a trademark mistakenly leads consumers to believe that the use of the trademark has been approved or sponsored by the owner, a legal problem may arise. Therefore, use brand products so as not to offer or imply sponsorship by the proprietor. This article therefore aims to examine the critical use of trademarks in films and the extent to which a trademarked image can be included in a film. The research findings show that infringement of the Lanham Act could not pose a direct risk to film producers. The way the film producers refer to an existing trademark determines whether or not they are responsible for the violation of trademarks or for public dissatisfaction. However, the trademark law includes exceptions which make it possible to use the existing trademarks fairly without any problems. The fair use doctrine permits the limited use of a trademark without permission from the owner and provides for nominative use and parody. In addition, a notice of ownership of marks or trademarks used in the production can be included in long distances in a dispute.