Archived posting to the Leica Users Group, 2005/02/24

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Subject: [Leica] kapoor sculpture in chicago
From: images at InfoAve.Net (Tina Manley)
Date: Thu Feb 24 14:04:15 2005
References: <6.1.2.0.2.20050224092102.02044210@mail.comporium.net> <NIEELBCOAJKOKJFIGDGJGEEHCDAA.tim@KairosPhoto.com>

At 11:15 AM 2/24/2005, you wrote:
>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.
>
>tim


Tim -

I was going by this:

"In May 1990, the company officially registered the Lone Cypress as its 
trademark. Soon afterwards, the signs restricting commercial artistic 
renderings of the tree were posted. Today, the company has no problem with 
folks snapping pictures of the Lone Cypress, and pasting those photos in 
their scrapbooks. "We welcome it," Hotelling states.
Just don't try selling those photographs, or you risk the billion-dollar 
wrath of the Pebble Beach Co. And it's not just photographs: The 
restrictions extend to paintings, sketches, and all other artistic 
renderings of the tree, as well. "An artist can paint the tree and hang it 
on their wall, but if they sell it, it becomes a problem," Hotelling says. 
"The rules apply to both photographers and artists."

But the same site has a long discussion about whether you can trademark a 
tree:

http://www.midrealism.paxtonfineart.com/Pages/Articlecoastweekly.html

Tina


Tina Manley, ASMP
www.tinamanley.com


Replies: Reply from jcb at visualimpressions.com (JCB) ([Leica] RE: kapoor sculpture in chicago)
In reply to: Message from images at InfoAve.Net (Tina Manley) ([Leica] kapoor sculpture in chicago)
Message from tim at KairosPhoto.com (Tim Atherton) ([Leica] kapoor sculpture in chicago)