[Leica] kapoor sculpture in chicago

[tim at KairosPhoto.com (Tim Atherton)]

> The tree is on private property and is trademarked.  You can
> photograph it
> from public land, but you cannot use the photograph commercially.
>
> Tina Manley, ASMP
>
> www.tinamanley.com

Sorry Tina, yes it's on private property, but it's not trademarked - you
can't trademark an actual tree - only a particular representation of that
tree as it is used in that trademark.

Check the LUG archives on this and a LUGGER who was in the midst of this.
It's also essentially the same issue as Chuck Gentile vs RRHoF

In the past they tried to prevent use by threatening lots of court action
and expensive lawyers, but never once went to court. Since Clint and his
buddies took over they seem to have backed off.


tim