Legal Question in Intellectual Property in New York

Photo of Hard Rock logo sign/building

One more question... if I take a photo of the HArd Rock Cafe Building in cleveland (witch has the Hard Rock Cafe Logo in front , and i make these available for commercial sale, will i be infringing on their logo?


Asked on 12/27/06, 3:53 pm

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Re: Photo of Hard Rock logo sign/building

You indicate that you intend to make your photographs available commercially. That is only one factor, but it counts toward infringement of the logo if the matter is litigated (i.e., if they sue you in trademark infringement).

You can avoid any infringement problem by licensing the use of the logo in your photos from the entity in question. Most intellectual property attorneys are skilled in negotiating such license agreements.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 12/27/06, 6:51 pm


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