Generally speaking, if you use a product positively in a film for the purpose it was intended (i.e. your character drinks a can of Coke or eats a packet of chips) there should be no problems; you don't have to use generic labeled products. And obviously products, which aren't featured in your film, (e.g. a packet of Kellogg's cornflakes sitting on a shelf in the background) should also not be an issue.

Problems can arise in two main areas. First, if you show a product in a bad light (i.e. your character drinks a can of Coke then says, "Wow. Coke sucks!"), the company that produces it may not be too happy with you. This may constitute what is called âtrade defamation,â similar to a famous 1997-98 case involving comments made by Ophra Winfrey on her show about the US beef industry.

The second area is a little more difficult, and is the best reason why you should involve a trademark attorney in the final decision of using specific products in your film. Although you may not see any specific problems with using a specific product in your film, a manufacturer or trademark owner could, amongst other things, decide that they don't want their product associated with all or part of your film. This could be for a variety of reasons, but...