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 2026

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

US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Gift this article