McDonald’s and ‘The Founder’: What to Do When Your Brand’s in an Unsought Spotlight

From PRNews Online:

“The Founder,” set to open in the U.S. on Aug. 5, is the latest in a string of movies to examine an American corporate institution and the visionary figure behind it. Mark Zuckerberg and Steve Jobs were given the Hollywood treatment (twice for the latter); now it’s Ray Kroc’s turn, the man who turned McDonald’s into the most successful fast food business in the world.

The story of Kroc (played by Michael Keaton) wresting control of McDonald’s from the actual founders of the restaurant, Dick and Mac McDonald, is one of questionable business ethics, and the film is not out to paint a flattering picture, The New York Times reported on May 19. Naturally McDonald’s has grounds to be concerned about its image, but the filmmakers had to be more concerned about imagery. The film is, of necessity, replete with trademarked images and logos. The use of such is generally protected by “fair use” as long as McDonald’s is not portrayed falsely. There’s more of a gray area when it comes to marketing the film: Valerie Barreiro, who teaches about intellectual property at USC Gould School of Law, told the Times that “the risks are higher” when it comes to unauthorized use of trademarks in promotional materials such as movie posters.

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