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We advised a client on the legal framework for using a registered industrial design in marketing materials. The client has prepared visuals featuring a product from its regular offering, intending to include them in a broader brand campaign. At first glance, the use seemed harmless. After all, the product was lawfully distributed by the client. But the situation required a deeper legal insight.

The core issue lay in the legal distinction between promoting a specific product and running a general brand awareness campaign. While intellectual property laws allow distributors to use product imagery for sales purposes, that right doesn’t always extend to unrelated brand messaging. We mapped out this boundary clearly and pragmatically, helping our client avoid the risk of a legal dispute with the product’s manufacturer and ensuring their campaign remained both creative and compliant.

JOANNA WOJTYSIAK-TIERLING

ATTORNEY-AT-LAW