Legal Question in Business Law in Oklahoma
I am starting a new business (basically art classes) and used a picture of myself at a competitors event on my website the competitor sent me an email stating I would need to remove the photo that it is a violation of their trademark if I don't remove the photo their lawyer would send me a cease and desist letter. Do I have to remove this photo?
Thank You
1 Answer from Attorneys
It is difficult to answer your question the way it was presented. Were you promoting your business at the event? Were you operating as a vendor who was promoting your business and you purchased a spot or location to promote your business by and through the competitor? Did you use or display their trademark at the event?
A trademark is a word, phrase, logo or other graphic symbol used by a manufacturer or seller to distinquish it product or products from those of others. It is usually affixed to a product. If the issue is just a picture of you participating or attending one of their events and you was merely a "participant" or their trademark or your attendance was not connected to your business, it is not a violation of their trademark and you are not required by law to remove the photo.
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