Re: Re: Re: Re: Selling Artwork with Trademarked Items

Subject: Re: Re: Re: Re: Re: Selling Artwork with Trademarked Items

Comments:
: : : : : As an artist making a living selling limited edition prints, what is the IP Law say about including trademarked items like automobiles or motorcycles in the art? : : : : If you use a trademark without the permission of the owner, the owner can sue you. Ask the owner if you can use it - that is the best way. Especially when you want to earn some money with stuff which is not yours. : : : Dear Mr. Jacob, : : : I think I've answered this elsewhere. Tms can be used freely as long as there is no trademark use that infringes. : : : M. Arthur Auslander : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop(sm) : : : E arly L egal A dvice I s N ot E xpensive(sm) : : First, it depends on the presentation of the mark in the artwork -- if it appears to present a question of sponsorship or affiliation, you may have a problem. In addition, the previous answers fail to take into account the Trademark Dilution Act of 1995, which provides that the owner of a "famous" mark is entitled to an injunction against another person's commercial use in commerce of a mark or trade name if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark. If you are using a famous mark in a commercial context (probably, if you are selling the artwork), the owner may be able to enjoin you if the mark is presented in a way to blur or tarnish the famous ark. I have not yet seen this in an artwork context, but it could happen. : : Andy Warhol never had to contend with the TDA. : Dear Ms. Elgin, : Essentially an answer to the question must be directed to the specifics of the situation. There are possible questions of trademark as well as copyright at least in potential. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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