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View Full Version : Trademark Dilution Revision Act - Think twice before photographying ANY trademark!



convergent
06-27-2006, 09:12 AM
The US House of Representatives recently passed HR 683, the Trademark Dilution Revision Act, which could make you the victim of a lawsuit from some big company. If you happened to capture an image that had something incidental in it that related to their mark - the logo, a color, or anything they dream up - you could be sued. They don't even have to prove that it hurt them. According to one article I read, the legal fees to defend yourself in something like this could be $10-20K, even without going to court.

In Februrary of this year, the PPA (Professional Photographers Association) went to the Senate Judiciary Committee with a coalition of other organizations to fight to get a non-commercial use clause back into the bill for trademark dillution (which the House bill doesn't include). The Senate passed this modification unanimously, but there is still slight language that leaves a loop hole in there for trademark infringement in non-commercial use.

The Senate and House still have to work out their differences, so if and when HR 683 gets to the President's desk for signature, you may have to rethink how you photograph anything. Its concievable that you could take a picture of your kids and get sued by the clothing company that made the cloths they are wearing.

http://www.mydd.com/story/2006/3/31/82940/5041

Orgnoi1
06-27-2006, 11:44 AM
That is just ridiculas...

ZK9995
06-28-2006, 07:41 PM
That is just BS:Hammer

zacker
06-28-2006, 08:37 PM
what will olld GW do if it gets to his desk?
sign it I bet... even though he wont understand it or have a clue!
-zacker-

convergent
06-28-2006, 10:44 PM
Well I can't see GW having a fight over this... he has bigger fish to fry. It will need to get fixed in the congress, or fought over in the courts later.

sandcmom
06-28-2006, 10:56 PM
That is just ridiculas...

ditto - The things big companies dream up to make it harder for the rest of us is truly amazing. don't these guys have better things to do like move jobs overseas and overcharge us for those goods when they import them back...

Striderxl
07-16-2006, 09:58 AM
Amazing what some lobbying money will do.I find it amazing that someone could trademark a color,what a idiotic concept.Well people also trademark sayings.You cant say or use "Three Peat".This country is going down the tubes with all these stupid laws.

M3McAuliff
08-27-2006, 04:38 PM
A color is trademarked??? What color??
Wait, is Johnny Cash's estate demanding nobody can wear black?

stoneylonesome
08-27-2006, 05:09 PM
A color is trademarked??? What color??
Wait, is Johnny Cash's estate demanding nobody can wear black?

Sadly to a certain extent yes certain colors can be trademarked for example the red of the Red Cross is a special pantone mix just for the Red Cross. This bill is redicules what happened to the first amendment, Photograpy is covered by free speech, it is an expression of my free speech, I suppose next they'll be able to sue you if you mention the word coca cola or any other trademaked brand, or for that matter right it.