Thursday, October 28, 2010
Red Indian, 30 x 40, oil and gold leaf on linen
Since I started my Indian Motorcycle painting series I've had a few people ask "How is it that you can paint a design like this and not be in worry of a TradeMark infringement?"
My answer is this:
I've read several articles on this and this is my understanding:
You can use a trademark as long as you are not trying to confuse your product with someone else's product. That is, I couldn't build a motorcycle and call it an Indian, make a soft drink and call it CocaCola etc. Trademark law is only intended to prevent one producer from misidentifying its product as that of another.
I am not a lawyer so don't take this as legal advise. This is my interpretation of what I have read.
1) Do I work on a painting for a gallery that has sold almost all of the work they have hanging? The work I have started for them is going well, I can have it finished in 2 more days,I'm excited about it and I know it will sell but there are things I would rather be painting.
2) Shall I work on a painting I have promised another gallery? I'm more excited about this painting but it is an elaborate piece, will take longer to finish and the gallery has several paintings on their wall.
3) I'm passionately wanting to start a series of small paintings with toys as the subject matter. But I never get around to it because I keep having to "paint for my galleries" to keep work on their walls. Now, I'm certainly not complaining about that!
Today, practicality will win out and I will paint the work for the gallery (#1). But this Saturday, watch out! I WILL start on one of the small toy pieces.
Sunday, October 17, 2010
Strawberry Reflections, oil on linen, 30 x 30
September was a crazy month with lots of deadlines. In fact this whole summer was that way. I have 4 paintings that I have set aside for various reasons and I'm trying to finish them up before I start anything new. The 4th set aside painting is really complicated so it may have to wait a bit longer before I tackle it again.