DuetsBlog Collaborations in Creativity & the Law

Tag Archives: Product Placement

Nominative Fair Use of Ride-Share Logos?

Posted in Advertising, Articles, Branding, Fair Use, Infringement, Marketing, Social Media, Trademarks

Earlier this year, we contemplated a suitable, accurate, and efficient generic name for the service category created by the highly-disruptive Uber brand: App-Based Ride Service. A visit to Chicago this past weekend, left me thinking that Ride-Share Service or Ride Sharing are suitable alternatives, that appear to be gaining some traction, as seen here: The… Continue Reading

If You Want to Go Fast, You Don’t Have Time for Trademark Law.

Posted in Advertising, Branding, Copyrights, Fair Use, First Amendment, Food, Infringement, Marketing, Trademarks

If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh? Let’s get the background first. In the movie Talladega Nights, Will Ferrell played Ricky Bobby, a successful race car driver who just “wants to go fast.”… Continue Reading

Is Product Placement Out of Place? Not Yet

Posted in Advertising, Branding, Guest Bloggers, Mixed Bag of Nuts

– John Reinan, Senior Director, Media Relations, Fast Horse Steve Baird recently wrote about the use of real brand names on fictional products in entertainment. Branching off from that thought, I began wondering about the future of product placement in TV, movies and online entertainment (also known as embedded marketing). Product placement has been around… Continue Reading

Product Placement in Movies

Posted in Branding, Marketing

– Anjali Shankar, Attorney – As someone fascinated by the movie industry, I am always curious about product placement in movies. I wonder how strategic the placement of a product is. Sometimes product placements can be rather ostentatious, as in “The Devil Wears Prada,” where fashion is central to the movie’s plot, and other times… Continue Reading

Wait, You Mean I Can’t Fast-Forward Through Product Placements?

Posted in Marketing

DVR is a wonderful thing. I’m not always home to catch my favorite television shows, and DVR has the added bonus of the ability to fast-forward through the commercials. Except nowadays clever advertisers have gotten “around” DVRs by strategically (or blatantly) placing their products between commercials. As in the TV shows, themselves. This has been… Continue Reading

Chevy Silverado Super Bowl Ad

Posted in Advertising, Branding, Fair Use, False Advertising, Food, Loss of Rights, Marketing, Television, Trademarks

Absorbing all the television commercials in between football action on the field can be as much fun on Super Bowl Sunday as the actual game itself, at least for trademark and marketing types, especially when your favorite team isn’t even on the field. One of my personal favorites from this past weekend’s Super Bowl XLVI was the… Continue Reading

Branding in Pop Culture: How Brands Avoid Negative Associations

Posted in Advertising, Branding, Famous Marks, Guest Bloggers, Marketing, Social Networking, Trademarks

—by David Mitchel, Vice President of Marketing at Norton Mitchel Marketing Branding is an intricate and complicated process. Every aspect of the marketing mix must be handled with care. Brand managers watch their brands in the same manner that most parents care for a newborn child. However, there is an element of marketing communications that… Continue Reading

You Heard it Here First: Nashville is Brand Central Station!

Posted in Advertising, Branding, Famous Marks, Marketing, Non-Traditional Trademarks, Trademarks

For the record, I love music, lots of different artists and musical styles: Bob Dylan to Aerosmith, Otis Redding to Elvis, Montgomery Gentry to Santana, Climax Blues Band to Bill Withers, Jack Johnson to Jamey Johnson, Michael Jackson to Alan Jackson, James Taylor to Taylor Swift, Pink Floyd to Wallflowers, Pat Benatar to Pat Green, Glen Campbell to Stevie Wonder, Beatles to Terri Clark, Cat Stevens… Continue Reading