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.
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.
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