In an article published on June 5, 2024, Harness IP Principal Bryan Wheelock discussed the use of trademarks in Jerry Seinfeld’s recent movie ‘Unfrosted.’ Wheelock provided insight trademark protections and explained exceptions or areas of confusion through other trademark cases.

“Generally, an expressive work such as a movie or television show that references or even focuses on a branded product is not necessarily likely to cause confusion. When that is the case, it does not infringe the brand owner’s rights. This does not necessarily mean that a brand owner has no remedy if the filmmaker goes so far as to disparage the product or its brand. However, courts will usually give filmmakers more leeway than brand owners may like,” Wheelock wrote.

“The situation is admittedly a little different where the product is the star of a movie, rather than just a prop in a scene. However, without additional context, moviegoers typically don’t assume that a movie about a product is necessarily sponsored by that product,” Wheelock explained.

The full article may be accessed here.

 

 

 

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