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[qqqq]

Hello all,

Here is my situation. I want to put together a 12 month calendar with BMW M3's in it. I am a member of a forum where M3 enthusiasts hang out and trade tech info and show off their car. I want to use 12 pictures of 12 of the
best cars submitted to me by members of the forum. I do have permission to use the photos and so I have that end covered.

Now my question is whether I am breaking any copyright or TM laws with BMW?
More than likely, you will be able to see the BMW logo and/or the M3 logo. If it is a picture from the owner, is it ok? I would like to make these calendars and than sell them at a profit to other M3 enthusiast.

Your expertise in this matter is appreciated.

Thank you

[M. Arthur Auslander]

Dear qqqq,
If the owners of the pictures took the pictures and allow you to use them, you should be all right. It is important to protect yourself in writing. As far as BMW is concerned, there should be no problem if you only use the pictures.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
3008 Johnson Ave., New York, NY 10463
7185430266, aus@auslander.com
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[JimIvey]

The only thing I would add is that you want to avoid suggesting in any way that BMW has authorized and/or coorperated in producing/distributing the calendar.  You'd probably want to acknowledge the trademarks of BMW and even disclaim any cooperation with BMW.

While the pictures themselves probably have BMW logos/trademarks in them, I'd avoid using them outside of the photos.

I hope that helps.