All About Painting

Is there a law which prohibits the use of a branded product in unrelated artwork?

The reason I ask is I’m an Illustration student, and I sell prints of my work to make some extra cash to help pay for my studies and stuff, which has become more crucial to me since the recession which caused me to lose my part-time job
Anyway, I made this really lovely illustration, it is basically a fairy hugging a bottle of Antica Sambuca. I used the Antica Sambuca because it’s a beautiful bottle, but I’m not sure if it’s going to cause legal problems or not…
Well what if I publish it on an online portfolio, but don’t allow prints to be purchased?
True, but do we know if Andy Warhol paid royalties for that work?
What if credit was linked back to the original brand and it was clearly acknowledged that I do not own any rights to the brand?
The bottle is not the main focal point

If such brands are used for commercial purposes it is an infringement of copyrights.

Here’s the thing.
Copyright or trademark infringement is usually a civil tort. Meaning it is not criminal. (Cases of fraud or misrepresentation excluded)
Also, it is the responsibility of the copyright or trademark holder to enforce the copyright.
So, for you to have any legal problem over the matter, the manufacturer of the product you are using would have to:

Have knowledge of your work.
Feel it is a violation of their trademark.
Feel that such infringement is damaging to them.
Fell that said damage merits legal action.
Bring legal action against you.

In reality, the worst that would happen is that you would receive a ‘cease and desist’ letter from their legal department advising you to stop using their product.

If you made money from the art that includes their trademark, they may sue you.

Even if you do not allow prints to be purchased, the trademark holder may feel that your artwork is damaging their brand and could force you to remove it.
But, again, the company would have to be made aware of your artwork, AND feel it is damaging to their brand.

EDIT: Andy Warhol was a world famous artist.
If any money changed hands it was Campbell’s paying him for the advertising.

EDIT: Unless you have permission, the same would apply.
It all depends on how the company that owns the trademark feels about it.

Would they find out?
Would they care?
Would they pursue it?

Since the holder of the trademark is responsible for the protection and enforcement of the trademark, it all depends on that company.
So, no matter how you use it, even if you give credit, using it without permission can be infringement.
It all depends on the company.
If they don’t care, it is not infringement, and they are the only entity you need to worry about in regards to their trademark.

There are only two ways to find out:
1.) Use it without permission and see if they do anything.
2.) Ask for permission. If you simply use their bottle in a piece of artwork, I can’t imagine they would refuse.
It would get more complicated if you were selling the art.
Then you may have to have a licensing agreement.

Some ‘light’ reading to help you out more:
http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm

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