Making Work out videos wearing brand name clothing?

30 replies
I plan on making some workout videos and sell them on Clickbank. Can I wear clothing like nike, addidas, etc. that clearly has their logo on it? Or do i have to wear plain clothes with nothing on them?
#brand #clothing #making #videos #wearing #work
  • Profile picture of the author bigballin6161
    Does anyone know the answer to this?!
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    • Profile picture of the author kenmichaels
      If you use logos in any type of advertising without express permission
      you are leaving your self open to lawsuits.

      if you asking if click bank will spank you for using unauthorized logos, i don't know
      as i don't use click bank
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  • Profile picture of the author Suthan M
    Go without it if possible. Better yet, you can stitch one with your product logo on it for better branding if you want to make it look profesional.
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  • Profile picture of the author BrianMcLeod
    Um... all you're doing is ADVERTISING their brand for them. I cannot imagine a scenario where an athletic apparel company would take issue with their brand being displayed in instructional videos - to their target market.

    The reason you see logos obscured in high-visibility videos is because the creators are not being compensated to implicitly endorse the company whose logo is viewable.

    Same reason why musicians will black tape the Marshall logo on their amps - no endorsement deal from Marshall? No logo onstage or in videos.
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    • Profile picture of the author kenmichaels
      Originally Posted by BrianMcLeod View Post

      Um... all you're doing is ADVERTISING their brand for them. I cannot imagine a scenario where an athletic apparel company would take issue with their brand being displayed in instructional videos - to their target market.
      that's the problem you don't have to imagine, they ( the logo owners ) do.

      If you have a workout video, and you displaying nike logo. and for some reason they (nike) doesn't like what your representing... they can and they do take action. for example it could be some thing as simple, as the actor sweating, or maybe being a little over/under weight, or maybe the music sample. all they have to do is tell the courts, you have hurt they image they have been building .... and guess who is going to win that battle.

      Its just better to a) get permission b) don't use anything that's all ready branded.

      I am not trying to start an argument or a flame war,
      but i have been there, done that. and got spanked.
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      • Profile picture of the author BrianMcLeod
        Originally Posted by kenmichaels View Post

        that's the problem you don't have to imagine, they ( the logo owners ) do.
        Ken, good post. You're advising an abundance of caution - which is certainly a responsible way to view it. No issue.

        I imagine (haw!) that you're fully aware trademark law centers around potential confusion in the mind of the consumer - not in the imagination of the mark owner.

        I am merely pointing out the pragmatic view that someone merely wearing athletic clothing containing an athletic apparel company's logo in an instructional fitness video poses very little meaningful risk of confusing viewers that said video is connected to, endorsed by or in any way connected to the maker of the t-shirt, shorts or sneakers worn in the video.

        If you have a workout video, and you displaying nike logo. and for some reason they (nike) doesn't like what your representing... they can and they do take action. for example it could be some thing as simple, as the actor sweating, or maybe being a little over/under weight, or maybe the music sample. all they have to do is tell the courts, you have hurt they image they have been building .... and guess who is going to win that battle.
        I don't take any issue with what you've stated above.

        It's also possible that Paypal could consider the video against its terms of service erroneously and shut down the owners account. Or, a competitor could recklessly file suit against the site owner for infringing on their intellectual property rights based upon the workout regimen.

        Essentially, what I'm saying is any number of catastrophically unfair occurrences COULD happen... that's business.

        Its just better to a) get permission b) don't use anything that's all ready branded.
        Again, no issue from me - except to the extent of allowing fear of the improbable and impractical to paralyze the efforts of the marketer to pursue their product.

        I am not trying to start an argument or a flame war,
        but i have been there, done that. and got spanked.
        No need to step on egg-shells, but thanks for being so respectful - a rare commodity around these parts.

        Sounds like you caught the wrong end of the stick somewhere down the line... which adds real credibility to your advice. Again, rare air.

        Best,

        Brian
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        • Profile picture of the author swilliams09
          Look at the top videos in your market, I would imagine that most of those guys don't wear name brand stuff. They either go plain or wear their own brands. As for shoes, I would imagine it wouldn't matter as long as you aren't featuring the shoes prominently.
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      • Profile picture of the author onSubie
        Originally Posted by kenmichaels View Post

        If you have a workout video, and you displaying nike logo. and for some reason they (nike) doesn't like what your representing... they can and they do take action. for example it could be some thing as simple, as the actor sweating, or maybe being a little over/under weight, or maybe the music sample. all they have to do is tell the courts, you have hurt they image they have been building .... and guess who is going to win that battle.

        Since it is apparel that is normally worn and sold for the purpose used in the video and is not being used to actively market a product (i.e. it is not prominently or deliberately displayed to infer some sort of relationship), then that would fall under "fair use".

        A video about building a house would not have to cover the logos on all the tools being used.

        Same with a site that is reviewing Nike shoes. They can show the product they are reviewing without getting sued by the trademark owner.


        But I live in Canada and I am not a lawyer and Nike has a lot more money than you so do some research. But I would say the odds of them taking any notice are very, very low.

        Aside from that, the above suggestion to use your own brand logo is better. You are just using it for the video so easy to create some temporary patches or stickers and put them over the corporate logos.

        Mahlon
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  • Profile picture of the author AceOfShirts
    You should definitely wear shirts with your own logo on them. It's perfect for branding yourself, especially if you want to sell follow up videos.

    Of course, my opinion is probably a little biased
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    • Profile picture of the author Kai Pei
      Originally Posted by Ace Of Shirts View Post

      You should definitely wear shirts with your own logo on them. It's perfect for branding yourself, especially if you want to sell follow up videos.

      Of course, my opinion is probably a little biased
      OR you could wear T-shirts with MY logo on them. (even more biased)
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  • Profile picture of the author TheKeys
    This is incorrect. Wear plain clothing. You will thank be later. After hearing countless legal stories I'd be advised against it. All nike or companies like that have to do is send one legal paper and you're screwed if they don't like it.

    Advise against it.
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  • Profile picture of the author tpw
    You could always go naked.

    That way, you will be sure that no logos are present in your video.




    No one expects you to go naked, and if the clothing sellers were worried about you using their brand in a video, they would not put their brand on clothing.
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  • Profile picture of the author Bballer1
    I don't think using branded apparel would be a problem. As long as you would not use their brand/product in a way that would affect the brand in a negative way, it would even be an advantage for these companies since you will be advertising their products for free.
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  • Profile picture of the author addison.agnote
    You are promoting your work out videos I don't think wearing branded clothes would matter.
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  • Profile picture of the author rosetrees
    Interesting collection of answers and mostly from people who have no idea what the law really says. I don't either. This is a perfect example of why you shouldn't seek legal advise in a forum.

    If Kindsvater answers, take notice, he's a lawyer.

    Interesting that the only person who has, apparently, had real life experience in this area is kenmichaels, yet subsequent posters with no experience are happy to disagree with him.
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    • Profile picture of the author BrianMcLeod
      Originally Posted by rosetrees View Post

      Interesting that the only person who has, apparently, had real life experience in this area is kenmichaels, yet subsequent posters with no experience are happy to disagree with him.
      Careful about your presuppositions, Carol.

      Some of the posters who shared a different perspective than Ken expressed have an ABUNDANCE of real life experience with intellectual property matters - I know at least ONE of them does...

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      • Profile picture of the author rosetrees
        Originally Posted by BrianMcLeod View Post

        Careful about your presuppositions, Carol.

        Some of the posters who shared a different perspective than Ken expressed have an ABUNDANCE of real life experience with intellectual property matters - I know at least ONE of them does...

        I'm not making any presuppositions of any kind. I stick by what I said. The only person in this thread who claims real experience in this area is Ken. No-one else has said that they have done this, taken legal advice and been assured that it is ok.

        I you know one that has or are one that has, so be it, but he or she hasn't said that in this thread.
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        • Profile picture of the author BrianMcLeod
          Originally Posted by rosetrees View Post

          I'm not making any presuppositions of any kind. I stick by what I said. The only person in this thread who claims real experience in this area is Ken.
          I'll go ahead and make my own presupposition that most credible posters stick by what we say, and you're no exception, Carol.

          Pardon me for not credentializing myself every time I post on a random discussion forum thread. It'd sure get tedious having to frame every post with your qualifications for sharing that opinion.

          In the end - that's all any of this is... opinions. We don't have any clue what the OP's videos are like, how prominently the marks are displayed.. none of the things that are required to offer any kind of definitive declarations about what the OP or those stumbling into this thread down the line might really need to know.

          So, instead we discuss...

          And we learn more about the particulars, which then informs and shapes the conversation. Hopefully arriving at a more specific consensus - again both for the OP and those reading in the future.

          No one with any business sense can argue about the importance of sound, qualified legal advice. Neither can they neuter their business, immobilized and stalled by fear of possibilities of future legal disaster.

          A discussion is supposed to be multi-dimensional - there's not always a black-and-white answer to things we talk about here - including this topic. Well, actually there is... and it frequently winds up with the supremely lame and often unnecessary caution to "talk to a lawyer".

          Have you ever paid upwards of $600/hour for legal advice, Carol? I have.

          Did the new product development company you co-founded in the mid-nineties retain teams of different patent attorneys from around the country for over a decade, Carol? Mine did.

          See, I didn't feel the need to trot that out just to be able to intelligently engage and DISCUSS a fairly simple issue with a marketer just trying to birth a new product.

          We're traveling well outside the scope of the OP but, too frequently for my taste, threads like these degenerate into a benign but meaningless, unhelpful lump of bland advice like: "talk to an attorney", "don't seek legal advice on forums", et cetera, et cetera.

          How can anyone ever come to understand the issue when they are shuffled off to "stop thinking/talking about this" land at the first sign of complexity?

          I hope this post doesn't read as snotty as I'm pretty sure it does... but you called it out, really.

          No-one else has said that they have done this, taken legal advice and been assured that it is ok.
          Nobody should HAVE to say that in order to discuss the topic intelligently.

          Best,

          Brian
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  • Profile picture of the author YourProfessional
    There is a lady who does workout videos called Bodyrock.tv. She wears branded clothes all the time.
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    • Profile picture of the author arkhamindustries
      Originally Posted by YourProfessional View Post

      There is a lady who does workout videos called Bodyrock.tv. She wears branded clothes all the time.
      MMMmmmmm I vote SHE work out naked!
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  • Profile picture of the author David Chung
    Something a little similar that may help you judge:

    Can youtube videos contain brand names? - Avvo.com

    Here's the question posted on that site:
    I make youtube videos and I normally hide all the brandnames that might appear in the video.

    But I want to make a video where i will show myself walking into walmart and shopping. many brand names of products would appear in the video.

    and also the walmart store entrance would appear in the video. as well as signs with the trademart walmart.
    Two different answers from (apparently) attorneys:

    The incidental -- and de minimus -- showing of a trademark in a movie or television show is NOT an infringement of the trademark owner's rights in its trademark.

    However, film makers must seek guidance on whether the final version of their film or show does, in fact, contain only the incidental and de minimus use of trademarks.
    It's not a good idea. Each trademark rightsholder whose trademark you show presumably does their own advertising, with their own models, protraying their products as they want them to be seen by consumers. As the exclusive rightsholder, only they and their designated licensees have the right to use their marks.
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    • Profile picture of the author onSubie
      Originally Posted by David Chung View Post

      Two different answers from (apparently) attorneys:
      Actually they both said the same thing. You clipped the wrong paragraph from the first guy:

      "In your case, you want to film yourself shopping. In that context, depending on what you say and do and infer about the brands that you will be dealing with in the movie matters greatly. Yours is not a case where you will be walking down the street capturing trademarks on film as you go. Your focus is on the products in Wal-Mart."

      So both responses advised against it because the trademarks themselves could be intrinsic to the film.

      If you shoot outside, you don't have to cover all the signs and buildings in the background, for example.

      Mahlon
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  • Profile picture of the author David Chung
    I was thinking that in the case of the fitness videos, he wouldn't be focusing on the products themselves, but would happen to be wearing them in the videos. So with regard to the opening post's question, I felt the part about incidental showing of the trademark was more relevant.

    With regard to the question posted on that website, yes both lawyers ended up saying the same thing.
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  • Profile picture of the author robbnel
    I imagine that if the clothing that you wear is sold to the general public then it should be fine. But I am no expert.
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  • Profile picture of the author stevenjacobs
    Banned
    Make sure no brands or there could be some legal problems
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  • Profile picture of the author rosetrees
    The OP wasn't asking for a discussion, he was asking for advice. Legal advice. When giving advice it's customary to explain on what basis you are giving the advice.
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    • Profile picture of the author BrianMcLeod
      Originally Posted by rosetrees View Post

      The OP wasn't asking for a discussion, he was asking for advice. Legal advice.
      Now you're playing semantics...

      No, he didn't explicitly ask for discussion. He didn't ask for legal advice either.

      He asked QUESTIONS...

      If you know of some way to communicate advice, legal or otherwise, without discussion do share.
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  • Wear Fakes! - Warning: This is not legal advice...
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  • Profile picture of the author Rich Struck
    Why not simply send a letter to the companies involved ask what their policy is? You will find that 99.9999999999999999% of the time they don't care. Hell, some might even send you free stuff as compensation.
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  • Profile picture of the author Roaddog
    Originally Posted by bigballin6161 View Post

    I plan on making some workout videos and sell them on Clickbank. Can I wear clothing like nike, addidas, etc. that clearly has their logo on it? Or do i have to wear plain clothes with nothing on them?

    It's done in the movies all the time, it's called product placement.

    They also pay for it...your a touch vague on why you would want to do that, if your not being paid...or are you?

    If not, wear your own product logo's.
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