Consumers Digest

The Legal Issues of Product Reviews?

What are some of the legal issues associated with product reviews and the use of manufacturer trademarks in those reviews? Example: I film a video of someone reviewing a DVD Player from, say, Sony. We show the DVD player, which includes Sony's logo. We talk about Sony, the DVD player, other non-Sony DVD players and provide a fair and unbiased opinion as to the value of the product, without making any grand claims regarding quality or functionality. Is this fair use of the trademark? Would we require a release from Sony to distribute this video?

Public Comments

1. There are certain legal uses for trademarked material that are allowed. Product review may be one of them, because you are not trying to sell it, you are just reviewing it. (The problem comes when you try to make money off someone elses trademarked material). If its not one of the permitted uses, probably the manufacturer would be happy for the free advertising, which is what it boils down to.
2. I'd suggest you get an attorney experienced in trademarks to review your proposed script. Also, you should be aware of product disparagement and defamation laws as they apply to products.