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Using an item in a video as a prop Trademark

Discussion in 'Copyright, Trademark, Patent Law' started by tpajet, May 26, 2011.

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  1. tpajet

    tpajet Law Topic Starter New Member

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    I've got a chance to make a web ad video for a particular company. In my video I'd like to use my daughter's teddy bear, which came from Ikea and is one of their line of stuffed animals. The bear does not show the Ikea name anywhere on him, nor any other markings that would show who the maker (Ikea) is (his tag is long gone). In short, if you didn't know already that he's an Ikea bear, you would have no way to know that Ikea has anything to do with him.

    My question is, if someone from Ikea recognizes the bear, could they claim any type of infringement? Realistically speaking I know that you couldn't really use any item without the item having a trademark on someone's part, but could this be an issue?

    Just to be clear, he is going to be the star of the ad, not just a prop.
     
    Last edited: May 26, 2011
  2. mightymoose

    mightymoose Moderator

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    As long as this is not a bear that is part of the Ikea logo or otherwise easily recognized as belonging to the Ikea brand you should be fine.
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'd be surprised if there was an issue. Trademark is about the likelihood of confusion of the origin of goods or services or tarnishment of a mark.
     

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