Website Copyright - Can I use a can of coke on a website

We have a client who want to use their pwn photograph of a can of coke on a website.
This will very clearly show the brand.

The company has no connection whatsoever and is not claiming that they do.
They just wish to use this very well known brand as an example of a popular brand and a well made product.

Can they do this without any relationship with coke or without any associated approval.
LVL 1
Sean ClarkeOwner / ManagerAsked:
Who is Participating?
I wear a lot of hats...

"The solutions and answers provided on Experts Exchange have been extremely helpful to me over the last few years. I wear a lot of hats - Developer, Database Administrator, Help Desk, etc., so I know a lot of things but not a lot about one thing. Experts Exchange gives me answers from people who do know a lot about one thing, in a easy to use platform." -Todd S.

skijCommented:
The use you described would likely fall into the "incidental inclusion" category of permitted fair use.

The International Trademark Association explains allowable fair use here:
http://www.inta.org/TrademarkBasics/FactSheets/Pages/FairUse.aspx

Information specific to the United Kingdom can be found here:
https://www.copyrightservice.co.uk/copyright/p09_fair_use

Legal implications of intellectual property issues can be quite complicated.   Even if an action is permitted by law, nothing prohibits an offended party from using legal resources to intimidate.  In the example you provided, it is unlikely that the brand-owner would have any reason to be threatened or offended.
1

Experts Exchange Solution brought to you by

Your issues matter to us.

Facing a tech roadblock? Get the help and guidance you need from experienced professionals who care. Ask your question anytime, anywhere, with no hassle.

Start your 7-day free trial
nickg5Commented:
Coke has My Coke Rewards. They give members challenges and many are to post videos or photos on Facebook or Instagram and Twitter. Hundreds of photos of a can of Coke have been posted. Maybe thousands.
We see no copyright issues on this.

You would actually be advertising for a brand that has been around over 120 years.

We have seen analysts on CNBC's Fast Money actually put on a blind fold and taste test various brands of soft drinks, pizzas, chicken sandwiches. These people have never asked the companies for approval.

Your client should be free to proceed and I have given real examples of why.
0
It's more than this solution.Get answers and train to solve all your tech problems - anytime, anywhere.Try it for free Edge Out The Competitionfor your dream job with proven skills and certifications.Get started today Stand Outas the employee with proven skills.Start learning today for free Move Your Career Forwardwith certification training in the latest technologies.Start your trial today
Miscellaneous

From novice to tech pro — start learning today.

Question has a verified solution.

Are you are experiencing a similar issue? Get a personalized answer when you ask a related question.

Have a better answer? Share it in a comment.