If you were one of the nearly 15 million viewers tuning in each week to indulge in the escapism of The White Lotus Season 3 set in exotic Thailand, you may have been enticed by the opportunity to bring home a piece of the show (well, perhaps not a blender!). From NEST candles and AWAY luggage, to BANANA REPUBLIC apparel and CB2 housewares, dozens of brands across the fashion, travel, home, beauty, and food and beverage industries have collaborated with the series to offer exclusive products and experiences inspired by the show.

Collaborations between studios and brands are nothing new, and traditionally take the form of in-picture placements that discreetly weave consumer products into the story narrative. However, films and television series are increasingly embracing transporting story-product connections from screen to store, through product collaborations and interactive experiences that enhance audience engagement and generate additional revenue streams. Aside from the clear commercial upside of producing official co-branded merchandise and activations, the establishment of formal licensing programs also provides legal benefits to both studios and brands.

Potential to Expand and Strengthen Intellectual Property Rights. As use of a trademark by a licensee inures to the licensor’s benefit, media rights holders can use co-marketing relationships as a tool to enhance and expand the scope of their trademark rights. This is especially so for titles of single creative works, which are not eligible for trademark protection. By way of example, STRANGER THINGS® is a federally registered trademark in a wide assortment of product categories as a result of co-branded collaborations, including bicycles (a collaboration with Schwinn), frozen confections (a collaboration with Baskin-Robbins) and corn chips (a collaboration with Doritos). Nonetheless, there is a cost/benefit analysis that intellectual property owners must weigh, given the process of obtaining a formal trademark registration can easily take up to a year to finalize, which may well outlast limited-edition releases. Thus, this approach may better benefit intellectual property related to ongoing television series or film franchises as compared to a singular film release.

Managing Legal Risks and Safeguarding Public Image. Rogers v. Grimaldi and its principles continue to be influential in cases involving the intersection of trademark law and expressive works, holding that the First Amendment provides protections for artistic works that feature third-party trademarks so long as the use of the trademark is artistically relevant and does not mislead consumers as to the source of the work.  Nevertheless, this legal precedent does not insulate a party from receiving a challenge from a rightsholder whose trademark is displayed in an artistic work without permission. Having a formal agreement in place with a brand allows the media rights holder to confidently proceed with in-picture depictions in addition to a mutually agreed-upon commercial collaboration, without the risk of retaliation in the form of a legal challenge or adverse publicity. Yet, as discussed next, these formal assurances may also come with creative restraints as to how a particular brand or product is depicted on screen. 

Control over Brand Portrayal. Formal licensing arrangements offer an upside to brand owners by affording an opportunity to establish guidelines or restrictions regarding how their products are portrayed in the creative work. Through formal agreements, a brand may require assurances that its trademark will not be associated with unlawful, dangerous or unsavory activity, nor referenced in a script in a manner that may be misleading. For example, automakers often require strict approvals of whether and how their vehicles may be portrayed in a crash. In addition, Apple has a “No Villains” policy that is designed to prevent Apple’s brand and products from being associated with negative and controversial elements. A formal brand-studio relationship opens the door for brands to influence the portrayal of their IP, although the degree of such creative input is often a material point of negotiation.

The increasing prevalence of studio-brand collaborations creates mutually beneficial opportunities for all parties involved, while also enabling audiences to engage with their favorite shows or films beyond the viewing experience.  Viewers need not look far to continue enjoying these works at home, even after the credits roll.