The subtle art of product placement

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

The subtle art of product placement

Following the release of the Steven Spielberg classic E.T. in 1982, sales of REESE’S PIECES candy—the Martian’s favorite treat—increased by 65%

This is one example of product placement done correctly, said speakers on the afternoon panel of yesterday’s In-House Practitioners Workshop.


With the advent of technologies such as TIVO and digital video recorders (DVR), more brands are making deals with TV and movie studios to integrate their products into programming in order to ensure their ads don’t get fast-forwarded. Companies spent $6.25 billion on product placement in 2009, said Judy McCool of Home Box Office, Inc., who moderated yesterday’s panel.


But McCool said that brand integration in the media is “an art form” and must be approached with caution. Brand owners who manage to seamlessly integrate with “emotionally engaging” forms of media could see results like REESE’S PIECES—but there are many risks to consider.


Michael Sirota of Leo Burnett Worldwide said that films or TV shows which include too many product placements can be a turn-off for viewers by making the content seem over-commercialized. In one example, Sirota said that viewers of the James Bond film Die Another Day nicknamed the flick Buy Another Day, thanks to its $70 million in product placements.


Britney Spears also was heavily criticized after the release of her music video for the song “Hold it Against Me,” which included $500,000 worth of product placements for brands including SONY and the dating website, PLENTY OF FISH.


Other risks include the lack of control brand owners have once they agree to product placement deals, particularly in the case of reality TV programming. “There’s an inherent leap of faith that brands take when signing these deals,” said Benjamin Mulcahy of Sheppard Mullin. “It’s really giving the studio broad editorial control over their trademarks.”


Hollywood Producer Anthony Dominici provided his perspective on product placement as Executive Producer of shows such as Extreme Makeover Home Edition and America’s Next Top Model. “It’s a negotiation process,” said Dominici, responding to a question about how he deals with brand owners who ask for too much control over the content of a show. “I try to make the integration process organic,” said Dominici, adding that he often cannot promise brands what they ask.


Yesterday’s In-House Practitioners Workshop also included a panel on best practices for protecting trademarks in Latin America, a lively keynote address by Stanford University Professor Mark Lemley (pictured) and a networking luncheon.

more from across site and SHARED ros bottom lb

More from across our site

News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Speakers at the EUIPO’s Mediation Conference say mediation can offer a ‘cathartic’ and effective alternative to litigation that IP owners should consider
Partner Scott Sudderth says he is looking forward to building strong client relationships and expanding the firm’s patent practice
Find out which firms secured the most nominations for Managing IP’s Asia-Pacific Awards 2025, ahead of the winners being revealed on November 6
Raluca Vasilescu joins our ‘Five minutes with’ series to discuss patent mining and watercolour painting
Jan Phillip Rektorschek, founding partner at Pentarc in Germany, explains why the firm broke away from Taylor Wessing and discusses its plans for staying competitive
Royal Mail Group wins copyright and database right infringement case, in a dispute that can be linked to the history of postcodes in the UK
Managing partner Mark O’Donnell explains why people are at the centre of the Australian outfit’s investment focus and how being independent benefits the firm
Gift this article