Legal Question in Business Law in New York

Re: Artist making Artwork from trademark

If you really are speaking of an image that constitutes a trademark for a product (as opposed to a visual art work protected under copyright), you have three options:

1. request a license from the trademark owner;

2. rely on the "fair use" doctrine;

3. avoid using such an image in your work (note that sometimes even distorting or transforming a trademarked image may still result in an infringement).

As a general matter, artists tend to have greater leeway with the use of trademarked images, logos, etc. when they incorporate them in a work of fine art or for the purposes of social commentary, satire and so on. However, this is very fact-specific, there is no iron-clad defense from infringement for artists and some companies have been known to go after legitimate artists in courts claiming trademark infringement and other related theories so make sure to obtain legal advice from an IP lawyer before you proceed.

This reply is in the nature of general information, is not legal advice and is not to be relied on as such.