Why Should A TV Show Need Permission To Include A University Logo?
from the oh-please dept
Once again, we're hearing about news stories where people assume that a trademark means complete ownership over that mark, rather than simply the ability to prevent its use in confusing or dilutionary ways. The latest, as sent in by JJ, involves the University of Utah, who is threatening HBO over the show "Big Love." Apparently, in one of the episodes, the University's logo is portrayed on letterhead. This is a perfectly reasonable use, and certainly not in any way confusing (even to the proverbial moron in a hurry). Yet the University claims that some might believe this means the University endorses the show. That is, plainly speaking, ridiculous. Plenty of TV shows use logos from real organizations all the time, and it doesn't mean endorsement by that brand at all. If you needed to get approval of every brand ever used in your TV show, no TV shows would ever get produced.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: big love, trademark, university of utah
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Flawed Logic
I don't believe your logic stands up. With the
ever increasing number of paid endorsements appearing
in TV and film, I don't think it's unreasonable for
any brand name to believe that their appearance in a
show or film would lead people to conclude an endorsement.
At the very least, I believe most would assume that
some money changed hands for that prominent appearance,
and since they brand has decided to advertise in that
particular venue, they must approve of the venue.
And, everyone knows that 'approval' spelled backwards is 'endorsement'.
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Re: Flawed Logic
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Re: Flawed Logic
And most entertainment law attorneys managing clearance for a production do this. If you didn't notice, studios have been blurring out labels and logos and trade dress on shows like Real World for 10+ years now. In most shows where they didn't get clearance, they'll either block the logo with something else in the shot, or they'll use a camera angle that keeps the trademark off screen.
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Re: Flawed Logic
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Masnick Misses Mark
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Re: Masnick Misses Mark
Just because someone doesn't like something doesn't make it illegal.
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Re: Masnick Misses Mark
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not with you on this one
In that case, the university is right to be a little concerned. Despite what is right, this is what is perceived.
You also say "If you needed to get approval of every brand ever used in your TV show, no TV shows would ever get produced." and I think that's true too and is why on a lot of cable shows you see everything under the sun blurred out or taped over. And don't get me started on the background music...
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Try to consider their point-of-view
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Re: Try to consider their point-of-view
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It really shouldn't be that way, but it is. I'm sure Utah won't pursue this much farther beyond making it clear they are not connected in anyway and they are going to be hopping mad about it!
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Hooray
It's really as simple as that. Too many people going overboard for minor s***. With all the movies, shows, etc about some kid getting into XYZ college/university, I've NEVER assumed that the institution was 'supporting' the show. Most of them I'm sure are happy for the 'plug' because someone might go 'y'know, I never considered that place as an option'... So christ, get over yourselves that it's a 'controversial' show. Besides, if I recall correctly, this one's been going on for 3-5 seasons now (I don't bother with premium channels so never watched it), which means there's enough people who like it, that U of U has a higher chance of pissing people off about it, and making their attendance perhaps a little worse.
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No matter if you like Apple or not, you have to give them a nod for their policy about product placement in TV/movies. They basically say to go for it. They understand that the more people see their products in good places, the more people will try their products. I just watched the movie "Knowing" and it has Macs all over the place. It's called "Free Advertising" and it has worked for years - until the money grabbers decided to try to muck it up.
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hmm ...
Maybe it's confusing to the proverbial MORMON in a hurry ...
/needed to be said
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Re: hmm ...
This has nothing to do with laws. This is the most densely Mormon community in the country pissing themselves over having seen something they believe represents Mormons in the most well known show about non-Mormon values.
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OU Logo
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Re:
Do you think that Pepsi gets approval for their commercials with the Coke cans in it? Do you think that Burger King gets McDonald's permission to use their logo? Do you really think that the Mythbusters got Apple's permission to use Adam's iPone in a bunch of episodes (or to bitch about the bill on Twitter)?
The blurring that you see on TV is self censorship. There are two reasons for this; one, they don't want to get into a misguided lawsuit (I would think the most common reason), and two, they don't want to give free advertising (as in they want companies to pay to un-blur the logo).
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Name Clearance
Her Name
Dallas Cowboy Cheerleader (or former DCC or current DCC)
is allowable or would permission have to be received for that?
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Just the Begining
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I thought you said
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It is just a letter
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Re: It is just a letter
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Re: It is just a letter
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DUH!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Re:
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FAUX brands become real Re:
Homer Simpson drinks Duff bear which I have never found on a shelf. I wonder if people have tried to buy the rights to that faux brand. I don think a few faux brands have made the jump to the store shelves.
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Re: FAUX brands become real Re:
In fact, there's a whole company (whose own name is stolen from a movie) that does that:
http://omniconsumerproductscorporation.com/
Still, none of that means that showing the letterhead of a real university means the university has endorsed the show.
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Another spin is...
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I have to disagree with this
Your disbelief of the statement "yet the University claims that some might believe this means the University endorses the show" is inaccurate.
What if Techdirt's image was produced and used in a commercial that promotes drug use, drug sales, prostitution, and pimping?
What if a show about rapist showed your blog being used by rapist to lure in victims? There would be some adverse publicity.
And don’t use the fallacious reasoning that I am comparing Big Love to these acts I am not. I am just saying that I believe your logic in this specific case is inaccurate .
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Also think of all the places where government logos are used in shows all the time, because we see a presidential seal or any other logo do we automatically assume they support or endorse the show?
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Re: Who really assumes ...
Yes, I am a University of Utah Alum. Yes, I live in Utah. To get a more detailed perspective, read some of the comments attached to the original Deseret News article.
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T-Shirts
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Re: T-Shirts
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wow, so much infringement here
- apple
- mythbusters
- Burger King
- McDonalds
- U of Oklahoma
- Pepsi
- Coke
- HBO
- and if I just added Disney, Monster, RIAA they could sue too?more
Wow, just think how much $$ the lawyers could make just from research, filing, motions, prosecution, and appeals - even if the lawsuits are thrown out. Why settle for lawsuits to prevent confusion when you can make $$ on a name or logo appearing anywhere.
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