I know this thread is a little old, but it is a very interesting topic to me, so I wanted to add to it since I recently read another article that I felt was "relavent".
The legal proceddings are here, but to summarize: there was a guy who was selling posters of his own photos of the Rock & Roll Hall of Fame and Museum. The R&RHoF&M sued to stop him from selling, because the building was trademarked. They got an injunction, but lost on appeal. The Appellate Court ruled that the photographer was allowed to sell the posters because, even though the shape of the building is trademarked, they could not possibly claim that every conceivable photo of the building is their trademark. In essence, since the poster would not confuse the public into thinking that it came from the Museum, it was not infringing.
If you read the whole court document, there are references to Babe Ruth and Elvis Presley. Quoting: "even if [the plaintiff] could show that it has established a trademark in a particular pictorial representation of [Babe] Ruth, such a trademark would not cover all photos taken of Ruth during his career, no matter how dissimilar."
That said, I've also read that Pebble Beach Golf Course has won lawsuits that protect its famed "lone tree by the sea" scene. So this continues to be a very gray area. =[ |
