When filming my videos, can I wear or use a Brand with its labels/logos? (YouTuber Law Series)

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When filming my videos, can I wear or use a Brand with its labels/logos?

Lior Leser, Esq.
Technology, Internet and Software Law

MY WEBSITE http://web20lawyer.com
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In fact, too many people don’t pay attention to how they use trademarks and copyrights in their videos.

We all know that using labeled products in reviews and commentary is permitted by the first amendment. We’re permitted to parody, make fun of, criticize and generally create news and commentary

But, what about wearing the labels? What about using the labels or just having them appear in the background?

Generally, it is not a big problem.

Why?

1. because you are not making any claims that Brand is associated with your content.

You are not saying that your video or content were authorized by …
made by …
approved by…
associate your video with the Company or the Brand

As long as you don’t take advantage of or monetize the Company’s trademark, you are perfectly permitted to use and display the mark.

So why are so many TV shows blurring out Brand names and logos?

Its not for lack of legal permission.

It is because they don’t want to provide free advertising to the Brands.

They often approach the Brands with an offer to showcase them in exchange for advertising or sponsorship fees.

If the Brands are not interested, the producers often Blurr out the Brands in order not to provide free advertising.

So, wearing and displaying the Brands is ok but … and there is always a but

Be careful not to inadvertently associate a Brand with objectionable content. We don’t want to get into what that may be, but take it for granted that anything that YouTube would object to, so would any Brand that you might be wearing, using for displaying.

We will be happy to hear your thoughts

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