Re:'Call of Duty' wins First Amendment victory over use of H...
by Supermancho on Friday April 03, 2020 @12:03AM
(#22766230)
https://www.inta.org/TMR/Pages/vol99_no6_a2.aspx
Pay attention to huge vulnerabilities like (6) the defendant’s intent in adopting the mark, wherein the defendant will have to show how a property was not used for a purpose, that the plaintiff will take issue with. Does anyone remember the Ford suit to stop news outlets from showing jihadists driving around in Ford pickups?
Rogers v Grimaldi is a narrow ruling in a district court about a celebrity name. It does not apply broadly to all branding and it's generally not worth a court battle to find out, since the filing is going to benefit the plaintiff.
That being said, there are consequences outside of pure legal issues to deal with in media production, which makes things like Apple's "allowance with their own restrictions" work. It's not a legal issue, but they can attack your post production just as well as making it a legal issue about filming.
Rogers v Grimaldi is a narrow ruling in a district court about a celebrity name. It does not apply broadly to all branding and it's generally not worth a court battle to find out, since the filing is going to benefit the plaintiff.
That being said, there are consequences outside of pure legal issues to deal with in media production, which makes things like Apple's "allowance with their own restrictions" work. It's not a legal issue, but they can attack your post production just as well as making it a legal issue about filming.