Web Series/Trademarks and Logos

[Pro2k15]

Hi everyone, I have a question. I recently directed the pilot to a web series entitled A 1-UP Kind of Life. It's the story about a hardcore gamer who wants to turn professional and play for a major gaming league.

Since video games are a major part of the show, we mention and refer to a lot (X-Box 360, Nintendo Wii, Call of Duty, Halo, etc). None of the references are at all disparaging (although the main character calls the Wii a toy for old people) and aren't particularly damaging to any of the trademark holders.

I see numerous web videos that featuring actors dressed up as Mario and Luigi and Solid Snake and wonder how they're not sued.

Would it have been better to just write a show with fake gaming references? Maybe, but I don't think it would've been as believable.

I'm wondering if I can still send the pilot out to film festivals and contests. I figured if I put a disclaimer up before the episode begins, that would cover it. But I'm not sure if I can actually send it to film festivals.

The goal is to produce more episodes and get attention from the gaming community. Our first episode is up on YouTube and at the official website, www.a1upkindoflife.com if anyone wants to check it out.

I'd appreciate any and all feedback. I just want to know where the line is, ya know? It's only a web series (that took me 4 years to write), but I want to know how best to market it without getting my pants sued off or getting a cease-and-desist order.

 

[Nascency Chris]

Me personally, I would go ahead and try and contact some of the marketing people involved with some of these brands... pitch it as free advertisement at this point in time. The inherent problem is that while free advertisement may get you enough leverage to get releases and not get sued, you can almost certainly kiss any future revenue goodbye... but only you can decide if that is important to you.

The worst that can happen is they shut you down and you have your answer, and then you don't have to worry if you will get sued, you know if you use their brands you will get sued... it sounds weird but at least you would have a concrete answer either way...

 

[gergobalogh]

of course they won't sue you! you own those items, you bought them! BUT if any of the abovementioned products are fakes and they find out (http://paidcontent.org/2011/12/23/4...arner-bros-for-using-fake-bag-in-hangover-ii/) than yes they'll sue you.


Laws are getting so stupid that in the end if you wear an adidas t-shirt and want to make a family video while wearing it you have to buy license from Adidas...