The Risks of Sampling a Brand Name in Your Song or Film Title
In music and film, cultural references are powerful. A single brand name in a hook or title can instantly evoke a lifestyle, mood, or social status. But while sampling a beat without clearance can trigger copyright issues, sampling a brand name can create a different — and often overlooked — set of legal risks.
If you’re an artist, producer, or filmmaker, here’s what you need to know before turning a brand into your title.
1. Trademark Infringement: It’s About Consumer Confusion
Unlike copyright law, which protects creative works, trademark law protects brand identifiers (e.g. names, logos, slogans) that signal the source of goods or services.
Under the United States Patent and Trademark Office (USPTO) framework, the key issue in trademark infringement is likelihood of consumer confusion.
If your song or film title includes a protected brand name, the brand owner could argue that:
Consumers believe the brand sponsored or endorsed the project.
The brand collaborated on the production.
The work is officially affiliated with the company.
For example, titling a film with a well-known fashion house or tech company name could create an argument that you are trading on that company’s goodwill.
Even if confusion seems unlikely to you, trademark law evaluates confusion from the perspective of the average consumer, not the artist’s intent.
2. Trademark Dilution: Famous Brands Have Broader Protection
When the brand at issue is “famous,” the risk expands. Under federal law, famous marks receive protection against dilution, even where there is no direct competition or consumer confusion.
Dilution comes in two forms:
Blurring – weakening the uniqueness of the brand.
Tarnishment – harming the brand’s reputation through association with explicit, controversial, or negative content.
If your song references a luxury brand in a way that associates it with illegal activity or explicit themes, the brand may argue tarnishment — especially if it is widely recognized nationwide.
3. First Amendment Protections (But They’re Not Absolute)
Creative works do receive First Amendment protection. Courts often apply what’s known as the “Rogers test” (from Rogers v. Grimaldi) to determine whether a trademark used in an artistic work’s title is protected speech.
Under this test, the use of a trademark in a title is generally allowed if:
It has artistic relevance to the work, and
It is not explicitly misleading as to source or sponsorship.
This provides meaningful protection to artists, but it is not a blank check. If marketing materials, album covers, or promotional campaigns imply endorsement, you can lose that protection.
4. Cease-and-Desist Letters and Platform Takedowns
Even if you ultimately prevail legally, enforcement pressure can be costly. Brands routinely:
Send cease-and-desist letters
File DMCA-style takedown requests with streaming platforms
Object to distribution or advertising partnerships
For independent artists or smaller production companies, the practical cost of fighting a major brand can outweigh the creative benefit of using the name.
5. Merchandising Complications
Using a brand name in a title becomes riskier when you expand into:
Apparel
Posters
Physical merchandise
Licensing deals
What might be defensible as expressive speech in a song title can look more like commercial exploitation when printed across hoodies and sold for profit.
6. Clearance Is Strategy, Not Fear
Before finalizing a title that includes a brand name:
Conduct a trademark search.
Assess whether the mark is federally registered.
Evaluate whether the brand is considered “famous.”
Analyze whether your use could imply sponsorship.
Consider whether a modified or metaphorical reference would achieve the same artistic effect.
Proactive clearance is significantly less expensive than reactive litigation.
The Bottom Line
Using a brand name in your song or film title can be legally permissible, but it is not legally neutral. The analysis depends on trademark registration status, fame of the mark, context of use, marketing strategy, and potential consumer perception.
In the entertainment industry, creativity and brand protection intersect daily. Artists build brands. Companies defend brands. And when those worlds collide in a title, the legal implications deserve as much attention as the hook.
Before you sample a name, make sure you understand the rights attached to it.
