Trademark

[Fotobug]

i was wondering if I have a photo of someone wearing a super hero, minion, Disney, Coca-Cola, etc shirt and I am publishing it in a book or magazine can I use that? Or no because of trademark?

 

[tirediron]

It depends on where you are (you don't list a location in your profile) and way the trade-marked item appears and the intended use. In other words, if you want it for your portfolio, and the trade-marked item is incidental to the image (a child wearing a Minions t-shirt), in most places that shouldn't be a problem. If you have a person standing beside a Coca-Cola sign and you want to use it for a Pepsi advertisement, well... you could run into problems.

 

[Fotobug]

i am doing boudoir sets and the woman will be dressed in various costumes, Wonder Woman, sleeping beauty, bat girl, one in a minion shirt etc. I am in Canada sorry. I have been trying to find information but have had no luck with this specific situation. Do you have any suggestions on where to look to find out?

 

[tirediron]

Unfortunately, this is a very grey area of law, and infringement is based on degree of injury perceived by the trade-mark holder and whether the courts agree. If all you're doing is retail boudoir (ie, not using the images for commercial/advertising purposes) you should be fine, BUT... always consult a qualified IP lawyer if in doubt.

 

[astroNikon]

Disney is a real stickler for that stuff too, much more than other companies as they want to maintain a certain image per character. If you are out of bounds of their image and they see it was used they may find it against their "corporate image" of Fair Use or trademark.

Just search the internet on "Disney sues image used" and you'll have tons of examples of what not to do.
==> When is Unauthorized Use Not Trademark Infringement?

Canadian example ==> Trademark law: Why Disney is fighting a Canadian DJ

 

[astroNikon]

But put it this way of my opinion.

If you had a "wholesome" character, would you want it to be related to porn in a magazine ? (yes, I know boudoir but this is Disney we're talking about)

 

[Fotobug]

Thanks, everyone! It makes sense, I think I will remodel the series and do generic. Different coloured capes and mask or tutus and tiara to be in the safe side. This should be fine I assume as no logos will be used. Will double check with my lawyer this week though.