That is correct. They are strictly off limits. You cannot use someone else's trade mark, and in the case of a stock photo containing jewelry there is more than a little chance that a Jewelry Store purchasing it for advertising, and not being a Tiffany distributor. might run afoul of that. However that is a very different case than the one that Ford's ham handed legal department is creating. You can make and sell photographs of trademarked items clearly showing the trademark as long as you don't claim the trademark as your own.
Brendan MacRae wrote: > No, in the Tiffany case it was the stock company not > wanting to face possible litigation, just like Cafe > Press. Trademarks are strictly off limits unless you > get permission or can prove public domain. > > -Brendan > --- "P. J. Alling" <[EMAIL PROTECTED]> wrote: > > >> You can never get enough advertising. However that >> was just an aside. >> Ford would lose this in court, their claim is >> frivolous. Ford is in no >> way harmed, no one is going to confuse the car club >> with Ford Motor >> Company. If loser paid Ford would never have >> brought the action. >> (Right now it has the possibility of becoming free >> bad advertising.) >> Part of the reason that production companies go >> through the trouble of >> obscuring all trademarks is to not give free >> advertising, if you want >> product placement you have to pay for it. All of >> the items cited by >> Annsan would also most likely not hold up in court. >> However Cafe Press >> doesn't want to go through the trouble of fighting >> them, which is >> understandable, they're not in the business of >> protecting artists >> rights, they're in the business of selling products. >> Now there may have >> been a reason for Tiffany being obscured in your >> picture, if it was for >> an advertisement of a similar product, or one that >> Tiffany could be >> construed as endorsing. That's another matter. >> >> Brendan MacRae wrote: >> >>> --- "P. J. Alling" <[EMAIL PROTECTED]> >>> >> wrote: >> >>> >>> >>>> It isn't advertising, it can be photographed in >>>> public. Sorry, the only >>>> reason to remove the logo is to avoid a frivolous >>>> law suit, if the loser >>>> had to pay in the US Ford would never have >>>> >> brought >> >>>> it. This is entirely >>>> covered under fair use. Ford should be happy for >>>> the free advertising. >>>> >>>> >>>> >>> It isn't free advertising. It's Ford wanting to >>> >> limit >> >>> 3rd party profit through the use of their >>> >> trademarks. >> >>> Ford gets all the free advertising it needs with >>> >> every >> >>> blue oval they slap on their cars. >>> >>> -Brendan >>> >>> >>> >>> > ____________________________________________________________________________________ > >>> Be a better friend, newshound, and >>> know-it-all with Yahoo! Mobile. Try it now. >>> > http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ > >>> >>> >> -- >> I am personally a member of the Cream of the >> Illuminati. >> A union with the Bavarian Illuminati is >> contemplated. >> When it is complete the Bavarian Cream Illuminati >> will rule the world >> -- Anonymous >> >> >> -- >> PDML Pentax-Discuss Mail List >> PDML@pdml.net >> http://pdml.net/mailman/listinfo/pdml_pdml.net >> to UNSUBSCRIBE from the PDML, please visit the link >> directly above and follow the directions. >> >> > > > > > ____________________________________________________________________________________ > Looking for last minute shopping deals? > Find them fast with Yahoo! Search. > http://tools.search.yahoo.com/newsearch/category.php?category=shopping > > -- I am personally a member of the Cream of the Illuminati. A union with the Bavarian Illuminati is contemplated. When it is complete the Bavarian Cream Illuminati will rule the world -- Anonymous -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
