Legal issue: showing another company's product

[greg]

what are the rules surrounding the use of a product in a commercial film?
i am making a film for a contest/money, and it will feature one of those cardboard hanging air freshener trees rather prominently (not especially positively).

only one company makes them (i thought they were generic), and i e-mailed them to ask permission/get a release, but am not expecting to hear back from them anytime soon.
i feel like these air-fresheners are pretty generic, and appear all the time, but i was wondering if there's any hard and fast rule that says i can use it.

thanks,

Greg

 

[Kim Welch]

I apologize for the delay in responding, and thank you for posting, Greg. This is a great question to ask before your film goes public. In general, showing a real product in the background of a scene is common, but showing a brand prominently and negatively carries more risk, and some companies are known to protect their trademarks closely.

Check the contest rules first, since many contests forbid recognizable brands. A simple fix is to use a generic or custom-made prop instead. For anything you plan to sell or distribute, talking with an entertainment attorney is the safest route. Our Producing forum is a good place to ask others about their experience.