New Legal Question

[Aaron Cadieux]

I see where you’re coming from, but isn’t running a football-themed ad (regardless of the spot’s copy) during a Patriots game capitalizing on the Patriots anyway? After all, running a football-themed ad during a soap opera wouldn’t nearly be as effective.

[David Roth weiss]

[Aaron Cadieux] “isn’t running a football-themed ad (regardless of the spot’s copy) during a Patriots game capitalizing on the Patriots anyway?”

Absolutely! But, not in way that can be construed, rightly or wrongly, as capitalizing directly on their brand. Therein lies the difference.

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.

[Brendan Coots]

hmmm, personally I think there’s cautious and there’s downright nervous-nelly.

Now I’m no lawyer, but I can confidently say that neither the Patriots nor the NFL are going to go after a local dealership for saying “go New England” or wearing blue/silver/red/white. You could even play it safe by putting a tiny disclaimer at the bottom of the screen stating clearly that neither the patriots nor the NFL sponsor or endorse the message, and that no relationship is implied yada yada.

Brendan Coots
Splitvision Digital
http://www.splitvisiondigital.com

[David Roth weiss]

[Brendan Coots] “hmmm, personally I think there’s cautious and there’s downright nervous-nelly. “

The NFL has people on this stuff 24/7 Brendan, and you’re suggesting that Aaron and his company should just assume the best. You know what they say about those who assume…

David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los Angeles

POST-PRODUCTION WITHOUT THE USUAL INSANITY ™

A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.

[Scott Carnegie]

Best thing is to just ask them if it’s okay.

Obviously no logo, mentioning their name in the copy? Nothing against the law about that. Don’t make it sound like they are endorsing you or that you have an official relationship of some kind.

You can say the words Pepsi or Brad Pitt in a commercial; the words are coming out of your talents mouth, no one’s I.P. is being used.

[Mark Suszko]

Cohen has it right: you can waste thousands on executing a bad (lazy) idea, or you can fix it with a 10-cent pencil and 1-cent sheet of paper. People don’t spend enough time on the creation of a good, well-thoguht-out script, before they go dashing off to make their “Magnum Dopus”.

[Brendan Coots]

I’m sure you’re right about the NFL, and as I said I’m no lawyer. No one should EVER listen to legal advice from those of us who aren’t lawyers.

But my stance is that the NFL isn’t likely to pursue a dealership for flashing team colors and saying “go New England.” A court of law would expect the NFL to show harm, and/or that consumers could reasonably be confused that this was an endorsement or affiliation. Saying “go New England” doesn’t directly invoke any of the NFL’s trademarks and therefore, in my opinion, they would have absolutely no grounds for a C&D or lawsuit.

Brendan Coots
Splitvision Digital
http://www.splitvisiondigital.com