court rules you can sell (and profit from) videos that contain trademarks

BIRMINGHAM, Alabama - A federal judge has dismissed the University of Alabama's trademark lawsuit against artist Daniel A. Moore and his company New Life Art.

U.S. District Court Judge Abdul Kallon on Friday ruled in favor of Moore and against the University in the eight-year legal fight.

Moore's attorney, Stephen Heninger, this morning described the ruling as a "total win" for the artist.


Moore is relieved at the outcome, Heninger said. The lawsuit by the university went "against public opinion and now against the law. He's very happy," Heninger said.

Heninger said that photographs and artistic renderings are carved out as a protected area for artists and the artists can transfer those works onto items. "If he transmits his art to another medium ... it's protected. It's free speech," he said.

Moore has painted realistic scenes from Alabama football games since 1979. He also reproduced the artwork as prints, calendars, and on mugs and other items. The university in 2002 told Moore he would need permission to depict the team's uniforms because they are trademarks.


But Moore said he didn't because he was portraying historical events and claimed his First Amendment rights. The university sued him and his company in 2005 for breach of contract, trademark infringement, and unfair competition.

In an appeal of a district court decision, the 11th Circuit Court of Appeals in June 2012 ruled in favor of Moore on the most significant issues of the University's lawsuit.


http://blog.al.com/spotnews/2013/09/judge_dismisses_trademark_laws.html

http://www.wipo.int/wipo_magazine/en/2006/02/article_0010.html

This what the World Intellectual Property Organization, who has treaties among various countries such as the US, says:
"Unlike copyright law, trademark law as such does not restrict the use of a trademark in a photograph."

Yes, that means you can sell and profit from photos and videos that contain trademarks.

Here is what WIPO has to say about property releases:
"in most countries a building may be freely photographed if located in – or visible from – a public place. The photo may also be published and distributed without permission."

So yes, you can sell photos and video of buildings, without property releases, and profit from them, and again, the United States is a signatory to WIPO trademark and copyright laws.

I would like to see pond5 change their policies and start accepting media that contains trademarks which are not the main focus of the work.

The problem is not the law but the end user(usually a company) which would like to see as less as possible of other trademarks in its own imagery.

On the other hand, another stock site has implemented a new rule according to which one is allowed to have trademarks and peoples faces but not to be the main subject, that is one has to have at least three trademarks or three people faces and none of them should be the main subject to be accepted for commercial use unless one has model/property release from the respective owners.

Pescarus, in the example below, what is the the main subject, the Arch or the tour bus on the right?

The Arch !

Obviously the arch!

Unless you are the owner of the bus company, then you think that you are the main subject.
However I believe they will be happy with the free advertisement, even if used by the competition.

I would say that, I am not having an issue with trademarks on Pond5 except for the decision of not any Carnival cruise ships clips or photos on sale here. Shutter Stock is another story. Many problems with them. If there anything is with a logo in the background it gets rejected.

There is an artist in Pond5 that films store fronts with their name as the central subject of the clips and they are accepted.

Federal judges in one state decide one thing and in another state they decide the opposite. Unless it comes from the Supreme Court you can take a court decision as the rule for all 50 states and its territories.

And that's only the USA. What about all the other countries?