Legal Question in Intellectual Property in Massachusetts

Photos of local businesses

I would like to make and sell pins featuring photos I've taken of the facades of local businesses. Would I be able to do this without their permission, or would I be infringing on their trademarks?


Asked on 5/31/07, 12:16 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Photos of local businesses

This would at least arguably be trademark infringement and dilution. You should obtain permission. However, if the business owners have any common sense, they will dicker lightly with you over permission, as this is advertising.

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Answered on 5/31/07, 1:32 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Photos of local businesses

I respectfully disagree with the previous answer. The Rock and Roll Hall of Fame thought they owned their "profile" too and tried to squash a photographer like a bug. Of course, the RNRHF hadn't seen the movie "Evolution" nor did they take into account one Charles Gentile. See the opinion at http://biotech.law.lsu.edu/cases/IP/trademark/rock_and_roll.htm

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Answered on 5/31/07, 11:27 pm


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