Jordan Yospe, a lawyer who handles product-placement deals in movies and television shows, said that if Abercrombie were serious about keeping its clothing off the Situation, it would have pursued legal options rather than offering him money.
“They could try to prevent the series from airing their intellectual property without their permission,” said Mr. Yospe, a lawyer at Manatt, Phelps & Phillips in Los Angeles. Logos and labels fall under fair-use law, he said, and shows have to get approval from the owner of the intellectual property to use them.
That’s why on so many low-end reality shows, brands are often blurred, Mr. Yospe said — the shows either could not or did not try to get approval. Abercrombie “could say, ‘Blur ’em,’ ” if they really wanted to sever the association, Mr. Yospe said.
However, in issuing a news release instead, Abercrombie seemed pleased to fan the flames.
--Stephanie Clifford, NYT, on the maximal-publicity option