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Techniques for Independent Production
The challenges of creating Digital Cinema and other narrative forms.

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Old October 11th, 2005, 07:39 PM   #1
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Join Date: Dec 2004
Location: Los Angeles
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Paul Tauger Available?

I've been reading all the posts regarding trademark useage and such in films and let me first say that your input is extremely helpful and it is very generous of you to put in the time and effort (and have the patience) to answer so many quesitons in this area. It has helped me alot. I see you have been answering the same general questions for several years here and yet I was hoping that you might be able to clarify or give some clear examples of what might consitutute "a likelihood of consumer confusion as to sponsorship, ownership or affiliation, dilutes the distinctive character of a famous trademark?"

What might cause confusion of sponsorship? Just wearing a Nike T-Shirt? A character drinking a soda? Along those lines, is it at all possible to lessen the liklihood of anyone being "confused" by placing a disclaimer in the title sequence or somewhere similar that states something to the effect of "None of the companies whose products were seen in this film endorsed, sponsored or in any way participated in this film or it's content blah blah blah...?"

I am shooting a film with some young kids and we've mistakenly (through ignorance" shot several scenes in which common products are visible. Since being more educated about all this, we have tried to limit this type of exposure whenever possible, but I think we will definitely need to consult an IP attorney. That being said, we still have a bit more to shoot and would like to get some more clarification. I understand from your earlier posts that it really needs to be evaluated on a case by case basis, so we obviously don't expect that you can answer to our specific situation in detail, but some examples of what the legal terms cover would be greatly appreciated.

Much appreciated,

(Sorry, I had a brain cramp and first posted this in the classifieds section)
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