The Relationship Between Branded Merchandise and Film
I often get questions about whether you can place branded merchandise in films. It seems that many films and television shows avoid using logos. Typically, the costumes department is in charge of ensuring their extras do not wear t-shirts with the Nike swoosh, for example. Even so, the answer is yes they can, provided…
Frost River, an American outdoor goods company, makes a bag called the “Geologist Pack”. In the latest movie, Indiana Jones carries the pack. On screen, the oval patch that bears Frost River’s trademark and the red taffeta were removed.
Consequently, this eliminates the brand from the merchandise, which is meant to demonstrate that the backpack is made by Frost River. Commonly the costumes and props in movies and television appear “brandless”. This is ordinarily not a major problem.
Branded Merchandise Infringement
What IS a problem is that Lucasfilm partnered with an outdoor goods competitor of Frost River for a commercial. You may be thinking, well that’s a little unfortunate, but what’s the big deal? Well, in the 60-second television commercial produced by Lucasfilm and Filson (the opposing outdoor goods company), Indiana Jones is wearing the Frost River backpack. Oops! Even worse, Filson put the commercial on its website as promotional content.
Frost River obviously issed their complaint. “A consumer visiting Filson’s website is led to believe, by implication, that the bags featured in the Indiana Jones 5 film were manufactured by Filson and are genuine Filson products.” Without a doubt, this is an example of reverse passing off. It is considered a false designation of origin under the Lanham Act. Frost River is seeking actual damages as well as punitive and exemplary damages.
I predict this matter will settle before a court gets to hear it. Frost River may feel like it got its moment in the sun. Maybe Filson will need to pay the legal bill to make Frost River feel warm again.
0 Comments