Know-How Exchange : Other

I'm not a lawyer, I don't even play one on YouTube, but I will say that I would want to have in hand a release or other written evidence that I was granted rights for my usage of the images. For example, if the images come from a BRP sales partner portal, then screen-snap the page where it describes allowed usages. Big manufacturers are protective of their intellectual property. The best advice will be of course from the client's attorney.

I'm not a lawyer either, but it doesn't appear that you can based on these articles:

https://www.inc.com/jim-belosic/social-media-contests-and-the-law-how-to-ke... ("Contest/Sweepstakes sponsors must be careful about advertising prizes by using the brand name of a prize without the consent from the trademark owner in the title. For example, if you are giving away an Apple iPod, the contest name cannot say "Apple" or "iPod" unless Apple was a cosponsor of the promotion or gave consent in the contest title. However, they can list the item in the official rules as part of the prize list.")

and https://www.quora.com/What-legal-issues-come-up-when-running-a-contest-or-g...
("Trademarks, service marks and copyrights are the most common forms of IP associated with marketing and advertising - particularly with respect to sweepstakes and contests. Here again it’s crucial to obtain licenses and all other rights that give you permission to use others’ brands in the manner specified, being vigilant to observe all limitations.")

If I owned a strong brand and someone used my brand name to promote their product (as a prize in their promotion) I would be on the phone with my attorney immediately to effect a cease-and-desist letter. Presumably the reason they would use my brand name is to enhance the value of their promotion. There may or may not be any benefit for me.

Net, I would seek prior approval from the holder of the mark. Before you would do otherwise I would get a letter from the client holding me harmless, or indemnifying me against any claims for liability from the trademark holder.

Note: I am not a lawyer, and this is not legal advice. How would you feel if the shoe were on the other foot? Why not seek concurrence from the trademark holder? Is the client afraid they might withhold permission or place unacceptable constraints on such use? If yes, that tells you something.

I'm not a lawyer yada, yada, yada, but I will tell you this:

1. Does the client's legal team have that assurance, sureity and authority in writing?

2. Unless you want to find yourself on the wrong end of a cease and desist order or on the sticky side of a copyright or trademark infringement claim, you need to AVOID using images over which you have no right, claim, or copyright authorization.