Quick legal question - tradenames

A

AneriaFilms

Member
I am almost finished with a short films that features a Ferarri. My actor describes the car. Can he say "Ferarri" or is that a tradename/trademark violation? Anybody have any experience/knowlege on this?

--davy
 
NOT AN ATTORNEY...

You can absolutely refer to the car and show the car. You may run into trouble if you leave the narrative and make representations as fact about the vehicle.

So, you won't get into trouble if one of your characters refers to the Ferrari as a "testosterone-infused crutch for men with issues".

You might run up against the company if you make false representations within a format that is news-driven in nature. An example would be if your weekly magazine show on cars implicates Ferrari's corporate officers as sexual offenders or embezzlers.

Consumer Reports recently failed a series of infant car seats when they compiled the wrong data. They might have a legal liability in this case. They also have a good deal of leverage in the marketplace and have made diligent effort toward undoing the damage.

If companies can prove negligence and damages in this case, it could go badly for CR.

e
 
Also not a laywer...

I would also be careful if you suggest that the vehicle is faulty, or otherwise poorly made. Having the transmission fail, causing the driver to lose control and kill a bunch of orphans or something probably won't work out too well for you.

But just having a character talk about the car casually, without implications, prob. won't be a problem.
 
use the product for its intended purpose and you will be good to go, although as always these things are fact specific.

miami-vice-car-bwa.jpg
 
Thanks everybody for your replies. I didn't think I had anything to worry about but my actor asked me if he was able to say "Ferrari" and it left a nagging question in my mind.

Basically, he rattles off stats about the car to impress a woman. So as I understand it, as long as the stats he rattles off are accurate, I'm fine.

The film should be done in the next week or two. I'll post it in the "show your work" forum when I've uploaded it.

Thanks again.

--davy
 
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