Trademarked and copyrighted images or names?

Discussion in 'Legal Issues' started by BulbIdeas, Aug 29, 2010.

  1. #1
    I have a website which I sell paintings or drawings of events and real world products like the PS3, iPhone 4, etc. And sell them for money. And the title of those artworks also have the trademark name attache to it.

    Is that legal?
     
    BulbIdeas, Aug 29, 2010 IP
  2. BulbIdeas

    BulbIdeas Active Member

    Messages:
    112
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    51
    #2
    I draw them myself.
     
    BulbIdeas, Aug 29, 2010 IP
  3. Lasselnar

    Lasselnar Peon

    Messages:
    10
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #3
    The devices, such as the PSP device, the PlayStation 3 device, etc. are not able to be copyright. You can draw them as much as you want. However, naming them "PlayStation 3" may violate trademarks if you're using the images and the text to pretend to be Sony or something like that. But generally, no, drawing images of the devices is perfectly legal as the physical devices themselves are not copyright.
     
    Lasselnar, Aug 30, 2010 IP
  4. Business Attorney

    Business Attorney Active Member

    Messages:
    621
    Likes Received:
    33
    Best Answers:
    0
    Trophy Points:
    70
    #4
    It's very tough to say without seeing the pictures. The primary purpose of trademarks themselves is only to avoid a likelihood of confusion as to the origin of the good or services. Thus, Andy Warhol's iconic painting of Campbell's soup cans might still pass muster in today's environment because there was virtually no likelihood that someone would confuse his painting as coming from Campbell's.

    However, in addition to the basic test of trademark rights in the first paragraph, there is the additional issue of trademark dilution. Trademark dilution gives the owner of a famous trademark standing to prevent others from using the mark in a way that would lessen its uniqueness.

    Also, I suspect courts would look at the issue one way if you were selling the art as art. If you throw the art onto a T-Shirt and sell the shirt, even though it is still the same art, it may be more likely that your use of the marks in your art would be deemed to violate the owner's trademark rights.
     
    Business Attorney, Aug 30, 2010 IP
  5. contentboss

    contentboss Peon

    Messages:
    3,241
    Likes Received:
    54
    Best Answers:
    0
    Trophy Points:
    0
    #5
    /\ what he said.

    OTOH, if you're promoting their product for them, they'd be pretty silly to hassle you because you are using an image of the product your are promoting
     
    contentboss, Aug 30, 2010 IP
  6. cloudy3

    cloudy3 Peon

    Messages:
    20
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    It should not break the law
     
    cloudy3, Aug 31, 2010 IP
  7. uacomm28

    uacomm28 Peon

    Messages:
    48
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #7
    As you drawing these pictures by your self so it seems ok.
     
    uacomm28, Sep 3, 2010 IP