Legal Question in Intellectual Property in California

Fine Arts Copyright Law question: Can I paint a landscape scene of a vineyard, at the fore of which is a sign/billboard displaying the winery's name, logo, and directions/hrs of operation, etc. and market this painting? I think I know the answer but don't like it... as this is a publicly viewed part of the landscape and represents a true image of what any person would see driving by.


Asked on 8/04/09, 12:46 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

You may paint the picture. But, it's the commercialization of the name and logo which are problematic. What I think you should do is retain an IP attorney. What s/he will do is get to know all the facts of your situation, and depending upon his/her judgment, may request permission from the trademark owner. A good deal may be worked out by the right lawyer. It is not a good idea to take the "wait and see" approach.

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Answered on 8/04/09, 1:15 pm


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