I Feel Sad Now

[rexbobcat]

I know this is trivial, and there isn't much I can do about it, but I just had a major brain fart when thinking about a few of my images that I really like.

I took some photos of some backlit vintage, dirty, Coca-Cola bottles against a sunset. Of course, I was stupid enough not to turn them to where you can't see the trademark, so now I have several photos that I basically can't use for anything without getting sued.

I know this doesn't amount to a hill of beans talking about this on the internet, but I just wanted everyone to know that I'm sad today.

I sent the company an email about trademark inquiries, so maybe they'll be nice. I doubt it, but one can always dream, right?

 

[Bitter Jeweler]

What did you plan on doing with them?

 

[tirediron]

Bummer... hate it when that happens. I would review copyright law however; I think use for artistic and journalistic purposes is still acceptable under US law...

 

[rexbobcat]

I was going to enter them into a contest and print them on medium format.

But I'm not exactly sure about what I can and can't do. From what I understand of trademark law (which is different from copyright law apparently), I could really get busted for "consumer confusion" or something like that - if I promote the product at all, even if unintentionally.

 

[tirediron]

I was going to enter them into a contest and print them on medium format.

But I'm not exactly sure about what I can and can't do. From what I understand of trademark law (which is different from copyright law apparently), I could really get busted for "consumer confusion" or something like that - if I promote the product at all, even if unintentionally.

I'm afraid you're way over my head now... I would do some reading.

 

[TheKenTurner]

Can't you edit a trademark in adobe bridge and/or Lightroom and/or photoshop?

 

[toeinthewater]

I think you should post 'em, print 'em, submit 'em, love 'em. As long as you are not using them in any context to promote any product beyond the art itself, I don't think you'll have a problem. Besides, the shape of the bottle is also trademarked and instantly recognizable. Turning the label might not have made much of a difference to coca-cola inc. anyway. Not that they'd give a rat's ass regardless.

Years ago when I was doing 4 x 5 B&W, I made a really fine pic in which the Coca-Cola logo figured front and centre. I actually took it to Coca-Cola to see if they had any interest in using it. They were very gracious, no they were not interested, and at no time did they even so much as hint at discouraging me from using it for artistic purposes. That was then, this is now, no I'm not a lawyer, and never say never. But nevertheless I think you worry needlessly.

Andy Warhol had a far more commercial relationship with Campbell's Soup than you will with one little photo. Warhol made Campbell's part of his Brand, and I can see why Campbell's might have taken an interest in that. If this image of yours becomes iconographic, if it becomes synonymous with you as a Global Brand of creative art, then maybe Coke will want a cut of your profits too. If the warhol Foundation could come to an agreement with Campbell's about the millions of images/prints of Warhol/Campbell's in circulation, then you probably can too when you go viral and sell a few million prints for 15 bucks a pop. In the meantime, don't be sad, be happy, and post the pic here so we can love it too!

 

[Robin Usagani]

Someone has been spending too much time reading KMH's posts.

 

[manaheim]

Never post to an internet forum asking for legal advice.

I'm not a lawyer, but what toe said is what I understand to be true.

 

[rexbobcat]

Can't you edit a trademark in adobe bridge and/or Lightroom and/or photoshop?

I've tried, but the trademark is too prominent in the image that my Photoshop skills do me no good.

I'll have to look more deeply in this. I thought that I would be okay to print and display the photograph without having to worry, but I wasn't sure, because with copyrighted music you can't even publicly play a copyrighted song in a public venue without violating copyright law. I wasn't sure it this was the same.

I thik that trademark law might be a bit more lenient, because it's not a representation of an individual, but of a multi-million dollar company who is going to still be rich regardless of whether you create something with the trademark or not. I'll just research and hope. lol

 

[Bitter Jeweler]

I thik that trademark law might be a bit more lenient, because it's not a representation of an individual, but of a multi-million dollar company who is going to still be rich regardless of whether you create something with the trademark or not. I'll just research and hope. lol

I think it has more to do with them not wanting YOU to get rich using their well known, popular, branding.

 

[KmH]

Trademarks FAQs

 

[HeatherClemons]

I think you should post 'em, print 'em, submit 'em, love 'em. As long as you are not using them in any context to promote any product beyond the art itself, I don't think you'll have a problem. Besides, the shape of the bottle is also trademarked and instantly recognizable. Turning the label might not have made much of a difference to coca-cola inc. anyway. Not that they'd give a rat's ass regardless.

Use them! I've entered a photo before that had the Kodak logo in it and it was perfectly acceptable. Just read your contest rules - but most are okay with it. People get way too riled over all that trademark stuff, but as long as you're not selling the photos to advertisers without Coke's knowledge - I don't know why it would matter.

Plus - technically?? The word "app" is trademarked by Apple. George Lucas "owns" the word DROID. Amazon trademarked the phrase "One-click purchase." So...clearly the apocalypse is upon us.

Heather Clemons~
Save the Artist - a creative community
heather@savetheartist.net

 

[chuasam]

Technically, the Coke bottle shape itself has been trademarked. So you'd have been hooped either way.
Spotlight on Golden Age Advertising | Coca Cola | The Bottles

 

[Compaq]

Re-shoot and hide the trademark?