Archived posting to the Leica Users Group, 1998/03/02

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Subject: Re: [Leica] Shooting the Lone Cypress
From: Jim Brick <jim@brick.org>
Date: Mon, 02 Mar 1998 20:48:21 -0800

Fortunately, for photographers who have taken the time to check it out (me)
the Lone Cypress tree is NOT trademarked. I did a trademark search and it
came up goose egg. Also, the tree has been there, and photographed as an
area icon, long before the Pebble Beach Co. existed. PB uses harassment
tactics to get photographers to pay a license fee. Most do. I don't. What
they are doing is illegal. They use a circle-r (federal trademark
registration symbol) when they print "Lone Cypress Tree". This is a federal
crime because they do not have a registered trade mark. I have not, and
will not, allow them to harass me. I urge other photographers that have
Lone Cypress photos as stock or in publications, to do the same. If you
visit Carmel, Monterey, or Pacific Grove, you will find literally thousands
of un-licensed art products sporting the Lone Cypress. The PB co. goes
after photographers because they are easy to find and usually give in
without even a whimper. Sad. It's not enforceable.

Jim

At 06:03 PM 3/3/98 -0600, you wrote:
>At 10:54 AM 3/3/98 -0500, you wrote:
>
>There's a famous golf course in Monterey, CA, I believe with a famous tree
>that is trademarked and no one is allowed to photograph it without paying
>for the right. It's on private property. So it's enforceable, if they want
>to pay the lawyers.
>
>Eric Welch