Sunday, December 19, 2010

"Eclipse": It's a movie, it's a chewing gum stick; or it's a natural occurrence

I saw a Spearmint chewing gum with the “Eclipse” brand in a 7-11, with pictures of the young stars from the third movie (“Eclipse”) of Summit Entertainment’s famous fantasy “Twilight” movie franchise (and Stephenie Meyer’s novels). (By the way, “Breaking Dawn” is now filming, according to imdb.)

I don’t know what the legalities were, but I wonder if Spearmint needed to pay for permission to brand its chewing gum product? Or is Summit Entertainment just advertising its DVD’s?

Generally, in trademark law, unrelated products can use the same brand name, but what happens when one product advertises another?

There’s also “right of publicity” considerations.

This is a good one for comments.

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