Thursday, October 28, 2010

Using Trademarks in Paintings

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.

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